Close

The person that called the police doesn't want to press charges

Charlotte Criminal Defense Attorney and Winner of The Charlotte Observer’s 2013 Best Charlotte Lawyer Award Brad Smith of Arnold & Smith, PLLC answers the question: The person that called the police doesn't want to press charges, can I still be prosecuted?

Question: "The person that called the police doesn't want to press charges, can I still be prosecuted?”

Brad Smith:

In North Carolina the only person that has the ability to drop any sort of criminal charges is the state of North Carolina.

The parties in a criminal case are: The state of North Carolina versus the defendant (John Smith). So the only person that can drop any criminal charges is the state of North Carolina.

It’s not a civil case. For instance a domestic case where a husband or wife accuses their spouse of assaulting them. That person does not have the ability to “drop the charges”. They can’t call up the district attorney’s office and say I want to drop the charges and the case seamlessly goes away. That’s just not how it works.

The only person that can drop a criminal case is the district attorney’s office, is the state.


Contact Us