Legal Question in Criminal Law in Virginia

Can Felony Charges be dropped

If a plea bargain is offered in a felony case and not accepted, can the accuser of the felony charge ask for the charges to be dropped even after the Preliminary hearing? Does the accuser have a choice to notify their lawyer they do no want to proceed any further or is the lawyer the only one able to make that call? This is a case of a girlfriend/boyfriend fight. The girlfriend does not want to pursue what she started, but says she has no way out now. Her lawyers are said to have refused to offer a plea bargain with the conditions she ask for. If she can drop the charges, what is the best way to go about doing so before the trial? Thanks in advance.


Asked on 5/17/05, 2:38 pm

2 Answers from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Can Felony Charges be dropped

In Virginia, once a charge has been issued by warrant or direct indictment by a Grand Jury, the decision to go forward belongs solely to the Commonwealth's Attorney, not the victim. The Prosecutor is influenced, of course, by the wishes of the victim but the decision is only his. If the victim decides to be uncooperative, she can be charged with filing a false police report.

Good Luck.

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Answered on 5/17/05, 4:30 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Can Felony Charges be dropped

If the victim who filed the original complaint with law enforcement authorities later failed to appear without good excuse at the scheduled hearing or trial, the prosecutor might well ask the court for a Rule to Show Cause against her which could conceivably result in her being found in contempt of court and, therefore, subject to sanctions.

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Answered on 5/17/05, 7:12 pm


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