What happens if the victim of a crime does not want to move forward with the case? Will the prosecutors drop the charges? The short answer is “it depends”—Colorado has a state policy that prevents prosecutors from dropping domestic violence charges solely on the request of the victim, but prosecutors do have more discretion in other cases. In this blog post, our Fort Collins criminal defense attorney explains the key things to know about what happens if the victim wants to drop charges in Colorado.
The State (Prosecutors) Bring Criminal Charges, Not the Victim
To start, it is useful to understand how the process for bringing criminal charges actually works in Colorado. In many (but not all) cases, it is a victim of a crime who files a complaint with law enforcement. However, victims do not initiate criminal charges. Further, victims have no right to unilaterally drop a case that is ongoing. Instead, it is the state—as represented by prosecutors in this situation—that has the authority to bring charges against an alleged perpetrator. As a result, even if a victim wishes to withdraw their initial complaint, the decision to continue with prosecution rests with the district attorney’s office. There is no right for victims in Colorado to choose to drop charges in any criminal case. Prosecutors always have the final decision.
Colorado has a “No-Drop” Policy for Domestic Violence Cases
There are specialized rules and regulations that apply to domestic violence cases in Colorado. Our state has a“no-drop” Policy for domestic violence charges. Once charges are filed, prosecutors are disinclined to drop them solely on the victim’s request. The policy is designed to protect victims from potential coercion or reconciliation attempts that may not be in their best interests in the long term. The no-drop policy for domestic violence charges in Colorado is based on the state’s commitment to pursuing these cases—regardless of the victim’s current stance. Colorado policy holds that there is a cyclical nature to domestic violence.
The Victim Has a Right to Communicate Preferences With Prosecution
While victims in Colorado cannot directly decide if charges should be dropped, they do absolutely have the right to express their views and preferences to the prosecution. Indeed, the voice of crime victims always matters. Victim advocates or prosecutors may reach out to the victim to understand their perspective and concerns—and that often influences how the case is handled. It could be a factor in determining whether or not the case moves forward, what (if any) plea agreement is offered to the defendant, and how sentencing will be pursued.
Charges May Be Dropped for Lack of Evidence if Victim Declines to Cooperate
Although prosecutors have the authority to pursue a case irrespective of the victim’s cooperation, the practical reality often hinges on the available evidence. In instances where the victim decides not to cooperate—such as by not testifying or retracting their statement— the prosecution might find it challenging to meet the burden of proof required for a conviction. There are plenty of criminal cases that rely on the testimony of the victim. If that victim changes their testimony or is highly uncooperative, the prosecution simply may not move forward with the case. Indeed, without sufficient evidence to prove the defendant’s guilt beyond a reasonable doubt, charges may be dropped.
Still, this is evaluated on a case-by-case basis considering all evidence. For example, imagine a defendant is facing a domestic violence allegation. The victim (their parent) changes their testimony and wants to drop the case. They cannot make that decision in Colorado. However, if they refuse to testify, the prosecutors may have trouble making the case. That being said, there are exceptions. If the victim has documented physical injury and a third party witness saw the abuse, the lack of first-hand testimony may not matter. Prosecutors could still have evidence to pursue the charges.
A Summary of What Happens When the Victim Wants to Drop Charges in Colorado
Imagine you are facing a criminal charge in Colorado. The victim of the alleged crime has decided they do not want the case to move forward. What will happen? The short answer is that the victim does not get to decide whether or not the case moves forward. However, their opinion—and their decision on whether or not to provide testimony—matters. Here is an overview of what happens:
- Domestic Violence Case: The Colorado “no-drop” policy for domestic violence cases means that prosecutors will try to move forward with charges even if the victim wants the case dropped. However, prosecutors will consider the victim’s position and will also evaluate whether or not there is sufficient evidence to obtain a conviction.
- Non-Domestic Violence Case: In non domestic violence cases, prosecutors have additional discretion. There is no “no-drop” presumption. As such, more leeway is granted to the victim. For example, imagine a person’s property is vandalized. They report it to the police. Later, they want the charges dropped. Prosecutors often default to the victim in that scenario. However, they are not required to do so. The victim does not get the final say.
You Can Depend On Our Colorado Criminal Defense Lawyers
If the victim wants to drop criminal charges, that is a relevant fact. However, it does not mean that the charges will actually be dropped. Colorado state policy expressly prohibits prosecutors from dropping domestic violence charges based solely on the preferences of the victim. However, in non-domestic violence cases, prosecutors have more discretion to follow the preferences of the victim. Our partners Havilah Louise Bruno Lilly and Andrew LeClere are committed to providing the rights and interests of defendants.
Speak to Our Colorado Criminal Defense Lawyer for a Confidential Case Review
At Bruno Lilly LeClere, PLLC, our Colorado criminal defense attorneys are skilled, experienced, and zealous advocates for clients. If you have specific questions about your case, please call us now at (720) 340-1373 or connect with us online to set up your completely private initial consultation. With law offices in Greeley, Fort Collins, and Mead, our firm provides criminal defense representation throughout all of Northern Colorado, including in Larimer County, Weld County, and Boulder County.