Can a victim drop the charges?

Not usually.

It's one of the first questions people ask after an arrest: "Can't the victim just drop the charges?" The answer is almost always no.

Once charges are filed, the case belongs to the State.

Even if the alleged victim called the police...

Even if they regret it...

Even if they've forgiven you and you've kissed and made up and all is well...

Even if they ask the prosecutor to dismiss the case...

They don't get the final say.

In Alabama, criminal cases are prosecuted by the State—not by the victim. That's why criminal cases are titled things like State of Alabama v. John Smith —not— Jane Doe v. John Smith

The District Attorney ultimately decides whether to continue or dismiss a case.

But what if the victim wants the charges dropped?

That information can absolutely matter. The prosecutor or district attorney's office will consider the victim's input to decide whether to dismiss a case. Factors like whether the victim wants to cooperate, if the victim has changed or clarified their statements, if the victim has moved away or moved on, and why the victim had a change of heart all play into the decision.

Sometimes a victim's wishes make a significant difference, and sometimes they make almost no difference at all. Every case is different.

What if the victim refuses to come to court?

That doesn't automatically end the case either. Depending on the circumstances, the prosecutor may continue the case, force the victim to appear through a subpoena, or use other evidence that doesn't rely on the victim's cooperation, like body camera footage, surveillance video, photographs, etc.

And this is something that should go without saying, but a lot of this job is saying the obvious part out loud: if you are charged with a crime, do not try to convince the victim not to come to court or interfere with the victim appearing in court. In fact, just don't have anything to do with the victim until the case is over. Besides, it's probably part of your bond conditions that you are to have no contact with the victim.

So what should you do?

Don't assume the case is "going away" because someone says they're dropping the charges. I've seen people ignore court dates, stop communicating with their lawyer, or decline plea offers because they believed everything would simply disappear. It rarely works that way.

Leave the victim alone—that includes the victim's friends, family, employer, mom-an-'em, everyone. And don't have anyone reach out on your behalf.

If you've been charged with a crime, the best thing you can do is speak with an attorney who can evaluate the evidence, explain your options, and help you build a strategy based on what is actually happening—not on what someone hopes will happen.