Legal Question in Criminal Law in Virginia

Pressing charges in a criminal case

I recently told the detective I wanted to press charges in a criminal case in which I was a victim. I let someone into my house who assaulted me.

However, now I've decided that I really don't want to go through with it. I didn't do anything to my assailant but am afraid that he might lie to the detective and say I did. If I now tell the detective that I don't want to proceed with the case can I change my mind at a later date? I'm concerned that the detective might talk to my assailant anyway and the assailant may make up some bogus charge against me.


Asked on 2/21/08, 2:11 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Pressing charges in a criminal case

It's all up to the prosecutor and not the detective as to whether charge(s) are filed. And, once the matter has been referred to said prosecutor, you, as the alleged victim and complaining witness, no longer have the option of dropping the charge(s).

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Answered on 2/21/08, 3:56 pm


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