One of the most common questions people ask after a criminal arrest in Colorado is whether the victim can simply decide to drop the case. It seems straightforward — if the person who reported the crime no longer wants to pursue it, surely the charges go away. In reality, that is almost never how it works, and misunderstanding this can lead to serious, costly mistakes for everyone involved.
At Bruno Lilly LeClere, PLLC, our criminal defense attorneys regularly handle cases where defendants are waiting on a victim’s cooperation that may never change the outcome. Founding attorney Havilah Louise Bruno Lilly spent years as a Deputy District Attorney before building this firm, which means she understands exactly how prosecutors approach these decisions and what it actually takes to move a case toward dismissal.
Who Has the Authority to Drop Criminal Charges in Colorado?
Victims do not file criminal charges, and they cannot drop them. When a crime is reported in Colorado, law enforcement investigates and forwards the case to the district attorney’s office. It is the prosecutor, not the victim, who decides whether to file charges, pursue the case, or dismiss it. This is true for every type of criminal case, from misdemeanors to serious felonies.
The Colorado Division of Criminal Justice outlines victim rights under the state’s Victim Rights Act, which guarantees that victims are informed of and present at critical stages of a criminal case. Those rights, however, stop well short of giving victims any authority over whether charges are filed or dismissed. The prosecution represents the state of Colorado, not the individual victim.
Why Colorado Has a No-Drop Policy for Domestic Violence
Colorado law takes an especially firm position on domestic violence charges. Under the state’s no-drop policy, prosecutors are specifically directed not to dismiss domestic violence cases based solely on the request of the victim. Once law enforcement makes an arrest and charges are filed, the case belongs to the state.
This policy exists because research shows that victims in abusive situations often feel pressure to recant or withdraw cooperation, sometimes out of fear, financial dependence, or reconciliation attempts. Prosecutors are trained to expect recantation and are authorized to proceed using physical evidence, 911 recordings, body camera footage, prior incident reports, and third-party witness testimony even when the victim refuses to participate. Under C.R.S. § 18-6-801, domestic violence also functions as a sentence enhancer that triggers mandatory conditions upon conviction, which reinforces why the state takes an aggressive stance regardless of a victim’s current wishes.
What Factors Does the Prosecutor Weigh?
Even in non-domestic violence cases where prosecutors have more discretion, a victim asking to drop charges does not guarantee dismissal. Prosecutors evaluate the full picture, which typically includes:
- The strength and volume of available evidence beyond the victim’s testimony
- The seriousness of the alleged offense
- The defendant’s prior criminal history
- Whether public safety concerns warrant continued prosecution
- The credibility of the victim’s recantation and whether it appears coerced
In cases with strong independent evidence — police body cam footage, documented injuries, recorded calls, or reliable witness accounts — a victim’s refusal to cooperate often does not stop the case from moving forward.
What Is an Affidavit of Non-Prosecution?
Victims who want to formally communicate their desire to drop charges can submit what is called an Affidavit of Non-Prosecution, or ANP. This is a written declaration explaining why the victim no longer wants to support the prosecution. It is not a binding legal document, and it does not obligate the prosecutor to dismiss the case. It is a request, and one the prosecutor may choose to disregard entirely.
The ANP is most influential in non-domestic violence cases where the prosecution’s evidence depends heavily on the victim’s cooperation. In domestic violence cases, prosecutors often treat an ANP with skepticism, as recantation in these cases is common and sometimes reflects continued pressure from the defendant rather than a genuine change in the victim’s account of events.
What Happens When a Victim Refuses to Testify?
An uncooperative victim can significantly weaken a prosecution, but it does not automatically end one. If a victim refuses to testify, the prosecutor may subpoena them as a hostile witness, compelling their appearance in court. If they take the stand and contradict their original account, their prior statements may still be admissible depending on the circumstances.
In cases where the victim’s testimony is the primary evidence and that testimony becomes unavailable or unreliable, prosecutors may determine they cannot meet the burden of proof and move to dismiss. But this is a case-by-case determination. Our Greeley criminal defense attorneys never advise clients to count on victim non-cooperation as a strategy — it is unpredictable and outside your control.
Facing charges in Northern Colorado? Contact our team for a free, confidential consultation — we can help you understand what your case actually depends on.
How a Defense Attorney Can Help
While a victim’s wishes alone rarely end a case, your attorney can work on the factors that actually move cases toward dismissal. Attorney Havilah Louise Bruno Lilly and partner Andrew LeClere identify evidentiary weaknesses, file pre-trial motions to suppress improperly obtained evidence, challenge the sufficiency of the state’s case, and negotiate with prosecutors based on the actual strength of what they have. These are the avenues that lead to real outcomes, and they require an attorney who knows how the district attorney’s office builds and evaluates cases from the inside.
Frequently Asked Questions
Can a victim drop charges in Colorado?
No. Only the prosecutor can drop criminal charges in Colorado. Victims can express their wishes to the district attorney’s office, but the final decision about whether to pursue or dismiss a case belongs entirely to the prosecution, not the victim.
Can a domestic violence victim drop charges in Colorado?
No. Colorado has a no-drop policy for domestic violence cases. Prosecutors are directed to pursue these cases regardless of the victim’s preferences. Even if the victim recants or submits an Affidavit of Non-Prosecution, the state may proceed using independent evidence such as recordings, injury documentation, and officer testimony.
How do you get charges dropped before court in Colorado?
Charges may be dismissed before trial if your attorney identifies evidentiary weaknesses, successfully argues a pre-trial suppression motion, or negotiates with the prosecutor based on insufficient evidence. The earlier you retain a defense attorney, the more options are available. Waiting for a victim to change their mind is not a reliable strategy.
Can you drop charges before an arraignment in Colorado?
Yes. A prosecutor can review and dismiss charges at any stage, including before arraignment, if they determine there is insufficient evidence to proceed. This is more likely when a defense attorney engages early and presents a compelling argument for dismissal before the case gains momentum in the court system.
What is an Affidavit of Non-Prosecution in Colorado?
An Affidavit of Non-Prosecution is a written statement from a victim explaining that they do not wish to support the prosecution. It is not legally binding and does not require the prosecutor to dismiss the case. It carries more weight in non-domestic violence cases where the victim’s testimony is the primary evidence, and very little weight in domestic violence cases where prosecutors expect recantation.
What happens if the victim does not show up to testify?
A victim who refuses to testify may be subpoenaed and compelled to appear. If they take the stand and contradict their original account, their prior statements may still be used by the prosecution. If the victim’s testimony is the central evidence and is truly unavailable, the prosecutor may move to dismiss, but this is evaluated case by case and is never guaranteed.
Contact Bruno Lilly LeClere, PLLC for a Free Consultation
If you are facing criminal charges in Northern Colorado and counting on a victim’s cooperation to resolve your case, you need an attorney who can build a defense that does not depend on that outcome. Founding attorney Havilah Louise Bruno Lilly and partner Andrew LeClere bring more than 20 years of combined criminal defense experience to every case, with prosecutorial backgrounds that give them a real understanding of how these charging decisions are made and where cases can be challenged.
Our firm offers free initial consultations that are completely confidential. We will give you a clear, honest assessment of your situation and your options. Contact us online today to get started.
Legally Reviewed By
Founding Attorney | Bruno Lilly LeClere, PLLC
Havilah founded Bruno Lilly LeClere, PLLC after nearly five years as a Deputy District Attorney in Weld and Adams Counties. With 10+ years of criminal defense experience in Northern Colorado, she brings prosecutorial insight to every defense she builds.