Criminal cases are very different from Civil Cases. Civil Cases can be dismissed by the Plaintiff at almost anytime during the pendency of the litigation. Criminal cases can only be dismissed by the prosecuting agency, the judge (subject to certain restrictions) and, of course, the jury via a “Not Guilty” verdict. Most defendants mistakingly believe that an alleged victim can simply go to court and tell the judge that they want the case dismissed. Once the case is filed with the court, the alleged victim has very little say in what happens in the courtroom. In fact, in many domestic violence cases in which the alleged victim appears to be “uncooperative” the prosecuting agency will have them ordered back by the judge to each court date.
Errol Cook, Esq.