If you’re involved in a criminal case in Virginia as the alleged victim, you might be wondering if you have the power to drop the charges. This is a common question, and while the quick answer is “no” the more fleshed out answer is not so straightforward.
An understanding of your role as the alleged victim, the responsibilities of the Commonwealth’s Attorney, and the legal procedures in Virginia is crucial. In this blog post, we’ll explore what it really means to “drop charges in Virginia” and address some common misconceptions about how the criminal justice system works in these situations. We will clarify your role in the legal process as a victim and explain the responsibilities of the Commonwealth’s Attorney on a criminal charge.
The Role of the Victim in Criminal Charges
Reporting the Crime
In Virginia, as in most states, criminal cases typically (but not always) begin when a victim reports a crime to law enforcement. This could be calling the police to report an incident of domestic violence, theft, or any other crime.
As the alleged victim, your role is crucial—you provide the initial details, evidence, and (usually) the testimony that law enforcement uses to investigate and prosecute the crime. However, it’s important to understand that once you report the crime, the case does not remain solely in your hands.
Once you make the report, the government takes over, and the prosecutor – known as the Commonwealth’s Attorney in Virginia – becomes responsible for deciding how the case will proceed.
Victim’s Influence on Prosecution
As the alleged victim, you are the one who has supposedly suffered and your cooperation is important throughout the investigation and trial process; however, your ability to influence whether the case moves forward is often limited. In Virginia, criminal cases are considered offenses against the Commonwealth, and not just against the individual victim.
This means that after you report a crime, the Commonwealth’s Attorney, who represents the state, is the one who decides whether to file charges and/or pursue prosecution.
The prosecutor’s goal is to uphold the law and ensure public safety, which sometimes means proceeding with a case even if the alleged victim is hesitant or changes their mind. In fact, there are even some training seminars for prosecutors that educate them on how to engage in “victimless prosecutions” successfully. This is particularly true of cases involving domestic violence, where reconciliation is often thought to have tainted the cooperation of the alleged victim.
The Commonwealth’s Attorney’s Role in Filing and Dropping Charges
What Does the Commonwealth’s Attorney Do?
The Commonwealth’s Attorney is the legal representative of the state in criminal cases and has the responsibility of reviewing evidence, assessing the credibility of witnesses, and determining whether there is enough evidence to file or (if a warrant has already been taken by law enforcement) to maintain charges against the accused.
Their job is to protect the public by prosecuting crimes, which involves carefully evaluating whether the evidence is strong enough to secure a conviction. In Virginia, the Commonwealth’s Attorney must balance the rights of the victim, the interests of the public, and the requirements of the law when deciding how to proceed with a case.
Can the Commonwealth’s Attorney Drop Charges?
Yes. The Commonwealth’s Attorney has the discretion to drop charges, but this decision is based on several factors. Charges might be dropped if the evidence is insufficient, if there are issues with the credibility of witnesses, or if new evidence comes to light that significantly weakens the case.
However, it’s important to note that even if an alleged victim requests that charges be dropped, the Commonwealth’s Attorney might choose to continue with the prosecution if they believe it’s in the public’s best interest. This is because the state has a duty to enforce the law and protect its citizens, regardless of the alleged victim’s personal wishes. There may be times when they feel that the evidence, even without any testimony from the person they claim is a victim, is sufficient to proceed to trial.
Misconceptions About Dropping Charges
Can a Victim Drop Charges?
A common misconception is that a victim can simply “drop” criminal charges, similar to how they might drop a civil lawsuit. However, in criminal cases in Virginia, this is not the case. Once charges are filed, the decision to proceed or dismiss them lies solely with the Commonwealth’s Attorney. This is because crimes are viewed as offenses against the state, not just against the individual victim.
The state’s interest in maintaining public order and safety often outweighs the victim’s desire to end the legal process. Particularly in cases of alleged domestic violence, the prosecutor will be mindful of the alleged victim potentially getting “cold feet” even if the incident really did happen as charged. And the prosecutor may also feel pressure from various sources not to drop cases.
The Impact of Recanting Testimony
Sometimes, alleged victims might decide to recant, or take back, their previous statements or testimony. This can happen for various reasons that concern the prosecutor, such as fear of retaliation, emotional attachment to the accused, or second thoughts about the consequences of prosecution.
Of course, it might also happen because of sober reflection by the alleged victim after a hot temper or state of intoxication has worn off. Or because the alleged victim feels that the police took their statements out of context or out of proportion. Sometimes, by the time of trial alleged victims simply do not have a good memory of the incident in question — either because of intoxication or for some other reason.
Recanting or having difficulty recalling events can impact the case, but it does not automatically lead to the charges being dropped. The Commonwealth’s Attorney may still proceed with the case if other evidence supports the charges or if they believe that the initial statement was truthful. Moreover, recanting testimony can have serious legal consequences for the victim, including the possibility of being charged with perjury if any original testimony was given under oath, or for filing a false report to law enforcement if the testimony contradicts what was reported to the police.
If you have concerns about your testimony, or feel pressured to testify in a particular way, there is no harm in consulting with a criminal defense attorney experienced in these sorts of situations.
Protective Orders and Their Role in Criminal Cases
What is a Protective Order?
In Virginia, a protective order is a legal document issued by a judge that requires one person to stop harming or threatening another. You may hear a protective order also referred to as a restraining order or order of protection. Protective orders are often used in cases of domestic violence or stalking to protect the victim from further harm.
These orders can include various conditions, such as prohibiting the accused from contacting or coming near the victim, and can be issued on an emergency, preliminary, or permanent basis. A violation of a protective order can lead to criminal charges.
Can Protective Orders be Dropped?
A person protected by such an order can file a motion to modify or dissolve the protective order, but this requires court approval. The court will give the motion priority on its docket, and carefully consider the circumstances, including the victim’s safety and the facts of the case, before deciding whether to modify or dissolve the order.
It’s important to understand that even if a protective order is lifted in this manner, it does not affect any pending criminal charges that originated before the protective order was dissolved. The criminal case will continue unless the Commonwealth’s Attorney decides to drop the charges for other reasons.
Considerations for Alleged Victims
If you’re considering withdrawing your cooperation or planning on changing or clarifying your statement about what happened, it’s important to understand the potential legal and emotional consequences. Doing so could impact the outcome of the case and your own safety.
For example, if you decide not to testify or to change your story, the case against the accused might weaken, potentially allowing them to avoid conviction. However, this could also put you at risk, especially if the accused is someone close to you, such as in domestic violence cases. Before making any decisions, it’s crucial to seek advice from a qualified attorney who can help you understand all the possible outcomes and protect your rights.
Remember, while alleged victims play an essential role in initiating criminal cases and providing evidence, they do not have the authority to drop charges once the legal process has begun. In Virginia, the Commonwealth’s Attorney has the final say on whether to proceed with or dismiss a case, based on the evidence and public interest. Understanding this process and seeking legal advice can help you navigate your situation more confidently and protect your rights.
If you have any questions or need assistance, David G. Parker Law is here to help. Contact us today for a free case evaluation.
