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Minnesota Criminal Defense & Forensic Law Firm
Injustice Anywhere is a Threat to Justice Everywhere
Serving Southwest Minnesota
We Accept the Following Forms of Payment:
Injustice Anywhere is a Threat to Justice Everywhere
Serving Southwest Minnesota
We Accept the Following Forms of Payment:
Injustice Anywhere is a Threat to Justice Everywhere
It’s one of the most common questions a criminal defense attorney in Southwestern Minnesota hears: “The victim doesn’t want to press charges anymore—can’t this whole thing just go away?”
At first glance, that seems like a fair assumption. If the person who made the complaint no longer wants to move forward, why should the State care? Unfortunately, the legal system doesn’t work that way. Once charges have been filed, the case belongs to the State, not the victim—and that means it cannot simply “go away.”
“The victim wants the case dropped, can’t this just go away? I get asked this quite a bit. The common belief is that if a victim does not want something prosecuted that is the end of it and the case is dismissed. This is not accurate. It is the State (a.k.a the prosecutor) that makes the decision of whether or not to prosecute a case or not. Many of cases have been successfully prosecuted with a victim who does not want to go forward with a case. In fact, there are rules that allow the prosecutor to treat the victim as an “adverse witness” or someone who is not favorable to them. It is in cases like this where it is important to seek legal counsel to help you. Often legal counsel can put you in a better situation if the prosecutor is adamant to prosecute your case.” -Viriginia Barron
When someone is charged with a crime—whether it’s assault, domestic violence, or any other offense—the case is officially titled “The State of Minnesota vs. [Defendant’s Name].” This structure is no accident. It reflects the reality that the State is the one bringing the charges. The alleged victim may be a key witness, but they are not the one prosecuting the case.
Even if the victim wants the charges dismissed, the prosecutor—not the victim—has full authority to decide whether to continue, reduce, or dismiss the charges. Prosecutors are tasked with pursuing what they believe serves “the public interest,” and that often means moving forward even when the victim no longer wants to participate.
For example, in domestic disputes or personal assault cases, it’s not uncommon for victims to reconcile, have second thoughts, or simply wish to avoid further legal drama. However, once law enforcement files a police report and the prosecutor reviews it, the case can take on a life of its own—one that cannot be undone by a single phone call or statement from the victim.
This is often where a criminal defense attorney in Southwestern Minnesota becomes essential. Your attorney can communicate with the prosecution, assess the evidence, and begin strategizing for the best possible outcome before the situation escalates.
There are many reasons a prosecutor might continue a case even when the victim asks to “drop the charges.” Among the most common are:
Prosecutors may believe dismissing the case could put the victim—or the public—at risk, especially in domestic violence or repeat-offender situations.
Prior criminal history. If the accused has prior arrests or convictions, the State may see this as part of a broader pattern and push forward to prevent future incidents.
Even without a cooperative victim, prosecutors can rely on other evidence like 911 recordings, medical records, photographs, surveillance footage, or witness testimony.
Many prosecuting offices in Minnesota follow policies discouraging the dismissal of certain cases once charges have been filed, particularly domestic violence or assault cases.
In short, prosecutors don’t need the victim’s approval to move forward. Their job is to decide whether there’s enough admissible evidence to prove the case beyond a reasonable doubt.
If the victim refuses to appear in court or retracts prior statements, the prosecutor has several tools to move the case forward. One of those is treating the victim as an “adverse witness.”
An adverse witness is someone whose testimony may not help the State’s case—or may even contradict it. In such situations, the prosecutor can still call the victim to testify and is allowed to ask leading questions, much like a cross-examination.
Additionally, certain statements the victim made earlier—to police, in a 911 call, or during an interview—may still be admissible under specific exceptions to the hearsay rule. These evidentiary nuances can make or break a case, which is why it’s critical to have a criminal defense attorney in Southwestern Minnesota who understands how to challenge or exclude this type of evidence.
A major mistake defendants make is assuming that because the victim doesn’t want to press charges, the prosecutor will automatically dismiss the case. This misconception can lead to missed court dates, failure to hire counsel, and unnecessary convictions.
Even if the victim is uncooperative, the State can issue subpoenas, proceed with the evidence it already has, and even secure a conviction without the victim ever testifying. Some prosecutors may even double down on a case if they sense reluctance from the defense.
That’s why it’s crucial to have an experienced criminal defense attorney in Southwestern Minnesota by your side early on—to protect your rights, ensure the prosecution plays fair, and make sure you’re not blindsided by unexpected evidence or testimony.
A skilled defense attorney can make a tremendous difference in cases where the victim wants the charges dropped. Here’s how:
Your attorney can discuss the case with the prosecutor, present the victim’s position professionally, and argue for dismissal or reduction based on fairness or evidentiary weakness.
A defense lawyer can evaluate how strong the State’s evidence is without the victim’s cooperation and determine whether the prosecution can truly meet its burden of proof.
There are strict evidentiary and constitutional rules that determine what can be admitted in court. A knowledgeable lawyer knows how to challenge unlawfully obtained evidence or unreliable statements.
From arraignment to trial, your attorney ensures that your constitutional rights are respected and that you don’t accidentally make your situation worse.
By having a criminal defense attorney in Southwestern Minnesota on your side, you gain a professional advocate who knows the local courts, the prosecutors, and the best strategies for achieving a favorable outcome.
Although the victim cannot directly dismiss the case, their cooperation can still influence how it proceeds. A written statement expressing their desire not to prosecute, submitted through appropriate legal channels, may persuade the prosecutor to reduce or drop charges—especially if other evidence is weak.
However, it’s important that this be done properly and legally. Defendants should never attempt to contact the victim directly while charges are pending, as doing so can violate restraining orders or lead to new criminal charges. Any communication or statement should go through your attorney.
While it’s understandable to hope a criminal charge might disappear once the victim changes their mind, the reality is that the State controls the prosecution, not the victim. Prosecutors can, and often do, proceed even when the alleged victim wants nothing more to do with the case.
If you or someone you know is facing charges under these circumstances, don’t leave it to chance. Contact a criminal defense attorney in Southwestern Minnesota who can evaluate your case, protect your rights, and work toward the best possible resolution.
Even when the victim wants the case dropped, the State may still press forward—but with the right attorney by your side, you’ll have a strong advocate fighting for your freedom and your future.
When you have been charged with a crime, you do not have to face the charges on your own, nor do you have to pay the maximum consequences.
If you are facing a criminal matter or a family law matter, we can help you find a satisfactory resolution to your case. From divorce and child custody issues to theft and DWI, you will have a powerful and knowledgeable advocate in your corner. To learn what we can do for you, call 507-822-5735to schedule a free consultation.
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