I want to dismiss a criminal complaint or no longer want to continue with a criminal prosecution. Is the prosecuting attorney required to dismiss the criminal charges?
No. A violation of a criminal law is a public offense. Unlike a private legal action in which you would hire a lawyer and bring your own lawsuit, criminal charges are prosecuted by public officials representing the citizens of the state or a city. The prosecuting attorney is not your attorney but is the attorney for the public at-large. In addition, a criminal complaint can be signed or an arrest can be made by law enforcement authorities even though you may express your desire that the entire matter be dropped or ignored. Although the prosecuting attorney will consider your request to dismiss a criminal charge, that attorney is not required to do so. You can even be subpoenaed to testify as a witness at a trial even though you want to drop the criminal charges.
Related Questions
- I want to dismiss a criminal complaint or no longer want to continue with a criminal prosecution. Is the prosecuting attorney required to dismiss the criminal charges?
- Does an assessment center have a responsibility to recommend against a deferred prosecution and, if so, are they required to notify the prosecuting attorney?
- Can criminal charges be filed at the same time as a campus complaint?
