July 31, 2025 | Criminal Defense
Understanding what it means to press charges is important for anyone dealing with the criminal justice system. It means that someone accuses another person of a crime and requests that an arrest occur and charges be filed. This is usually done by making a police report.
A common misunderstanding is that victims themselves press charges, deciding if someone gets arrested or taken to court as a defendant. In reality, only the prosecutor or district attorney has the legal power to file criminal charges.
The prosecutor reviews the evidence collected by police and decides if there is enough proof to move forward with a case in court.
Importance of the Victim’s Opinion
While victims can give important input by making statements to police, providing evidence, or expressing wishes about a case, their wishes do not control the outcome. The final say belongs to the prosecuting attorney.
Sometimes, a case will move forward even if the victim does not want to pursue it, or it can be dropped even when the victim asks for prosecution.
Who Can Drop Charges
Many people believe that victims can decide to drop the charges once a case begins, but that isn’t how the process works. After charges are officially filed in court, can the prosecutor or district attorney decide to withdraw or dismiss those criminal charges.
A victim’s request or wishes can be considered, but just like for the decision to charge someone, the final decision always belongs to the prosecution.
Cases Sometimes Move Forward Without Victim Cooperation
Even if a victim no longer wants to be involved in the case, the prosecution can still push the case forward. Prosecutors can require a victim to testify by issuing a subpoena, which is a legal order to come to court.
Although prosecutors generally want to avoid re-traumatizing or further upsetting a victim by forcing them to testify (especially in sensitive situations like domestic violence cases), they may take this step in cases that involve severe violence.
There are also situations where the prosecutor has enough other evidence to move forward without the victim. This could include eyewitness testimony, recordings, or police observations. In these situations, the case can still end in a conviction even if the victim does not actively participate.
What Happens After Charges Are Filed?
Once criminal charges are filed, the court process moves forward quickly. Understanding each stage can help you prepare and make informed decisions. Here’s what typically happens:
- Arraignment: The defendant is formally notified of the charges and enters a plea of guilty, not guilty, or no contest.
- Pretrial hearings: The court may address matters such as bail, evidence, or motions to dismiss or suppress certain information.
- Plea negotiations: The defense and prosecution may negotiate a plea deal, which could result in reduced charges or penalties.
- Trial: If no plea agreement is reached, the case proceeds to trial, where both sides present evidence and argue the case before a judge or jury.
Each of these steps plays a critical role in how a criminal case unfolds. Knowing what to expect can help you navigate the process more effectively.
Importance of a Criminal Defense Attorney
At every stage after charges are filed, having an experienced criminal defense attorney is vital. A defense lawyer can examine the prosecution’s case for weaknesses, seek out evidence to support your story, negotiate with prosecutors for better outcomes, and be fully prepared to defend you at trial if necessary.
Their guidance throughout the criminal process can make a significant difference in your case. If you’re ready to get started on your defense or you have any questions, contact Suhre & Associates DUI and Criminal Defense Lawyers today to schedule a free consultation with a criminal defense lawyer.
Contact the Dayton Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers, give us a call today at (937) 531-0435 or visit us at our Dayton Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Dayton
130 West Second Street #17-129,
Dayton, OH 45402
(937) 531-0435
