Facing a criminal charge in Maryland, regardless of whether it’s a misdemeanor or felony, can be entirely overwhelming. Many people believe that if the victim no longer wants to pursue the case against them, their charges will simply be dismissed.
However, that is not how the criminal justice system works in this state. Once the prosecutor has filed charges, it is up to them (not the victim) to decide whether to move forward with the case or not.
Learning about how this process works can help you better navigate your options and protect your legal rights if you are accused of a crime.
Who Can Drop Criminal Charges?
In Maryland, only the prosecutor has the authority to dismiss charges after they are filed. This means that regardless of whether a victim requests that charges be dropped, the State’s Attorney makes the final decision. This is because the case is considered an offense against the state as a whole, not just the individual.
That said, a victim’s input still matters. If the complaining witness does not want to cooperate, it may make the case harder to prove. Prosecutors could consider this factor when deciding whether to move forward or reduce the charges in question.
Why Prosecutors Sometimes Refuse to Drop Charges
Prosecutors may continue with the case (even if the alleged victim wants the charges dropped) if they believe they have enough independent evidence. This often happens in domestic violence matters, where there may be police reports, medical records, 911 calls, and eyewitness testimony.
The state may pursue the case to protect the public, especially if it believes the defendant poses an ongoing risk of harm. While this may feel frustrating to those involved, Maryland’s criminal process is designed to prioritize public safety above everything else at the end of the day.
How a Defense Attorney Can Influence the Process
Although the decision is in the prosecutor’s hands, having an experienced criminal defense lawyer can make a significant difference in how your case plays out.
Your attorney may be able to:
- Negotiate with prosecutors to reduce or dismiss charges based on weaknesses in the evidence against you
- Highlight a victim’s lack of cooperation, which could impact the state’s ability to prove its case
- File motions to suppress evidence if it was obtained unlawfully
- Present mitigating factors that may convince the prosecutor that pursuing the case is not in the public’s best interest
In many cases, a skilled defense lawyer will be able to work toward outcomes that avoid the harshest penalties that you’re up against. Don’t lose hope if you’ve been charged, but it’s critical that you get legal help as soon as you can.
The Role of Nolle Prosequi and Stet Docket
Maryland has specific procedures that can result in charges being set aside without a conviction. These include the following:
- Nolle prosequi (“nol pros”): This is when the prosecutor formally decides not to move forward with the case. Charges are dismissed, though they can sometimes be refiled later.
- Stet docket: This effectively pauses the case, placing it on an inactive docket. If the defendant stays out of trouble for a certain period, the case may be dismissed entirely.
Both of these outcomes are generally preferable to a conviction, and your defense attorney can negotiate for them when possible.
Contact Our Maryland Criminal Defense Lawyers at Alpert Schreyer Criminal Defense Attorneys for Help With Criminal Charges
In Maryland, dropping criminal charges is never as simple as a victim deciding they no longer want to pursue the case. The prosecutor has the final say, and they may continue even without a victim’s cooperation. That makes strong legal representation critical. If you are facing charges, set up a free consultation with a Maryland criminal defense lawyer today for help.
For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a criminal defense attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, and Waldorf.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys Lanham
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Frederick
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Rockville
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Waldorf
8 Post Office Rd, Waldorf, MD 20602
(301) 857-4771