Only the victim of a crime may request the Office of the District Attorney to drop charges against (or decline the prosecution of) a defendant.
If you are a victim who wishes to make a formal drop charge request:
• You will need to appear in person at the main office of the District Attorney.
• You will need to present a state issued form of identification.
• You will need to meet with a representative of the Office of the District Attorney.
• You will need to document your request on a “Drop Charge Affidavit” explaining why you wish the Office of the District Attorney to decline prosecution.
Your affidavit will then be forwarded to the prosecutor handling your case and will be filed with your case record. The prosecutor will consider your request along with other factors, including the severity of the crime, the likelihood the defendant will re-offend, the threat posed to the community by the defendant’s actions, and the strength of your case.
THE SUBMISSION OF A DROP CHARGE AFFIDAVIT DOES NOT REQUIRE THE PROSECUTOR TO HONOR YOUR REQUEST.
The decision to prosecute or not rests with the Office of the District Attorney. Your request, while important, is only one of many factors our office considers in proceeding with a criminal prosecution.