Not necessarily. The decision to proceed with or drop criminal charges lies entirely within the discretion of the state attorney's office, the prosecutors. If the alleged victim tells the prosecutor they wish to withdraw their statement, express that the incident was a misunderstanding, or request the charges be dropped, it could significantly influence the likelihood of the prosecutor deciding to drop the case. However, it's important to understand that the final decision rests with the prosecutor.
In a civil lawsuit, the complainant can drop their lawsuit whenever they wish since they initiated it. Conversely, in a criminal prosecution, the charges are brought forth by the state of Florida through the state attorneys and their assistant state attorneys. They alone can decide to drop a case.
While they are constitutionally obligated under the Florida Constitution to hear the victims and consider their perspectives, they are not required to heed the victim's advice. However, if the alleged victim repeatedly expresses their wish to drop the case, prosecutors often take this into account and may agree to drop the case. It is crucial to note that this outcome is not automatic.
If you believe that the alleged victim wishes to have the charges dropped, it's crucial to hire an experienced attorney. Your attorney can draft a 'declination of prosecution' affidavit, which they can send to the alleged victim. Since no-contact orders often prevent direct communication between you and the alleged victim, your attorney can act as the intermediary as these orders do not apply to them.
The attorney can reach out to the alleged victim, discuss the case, understand their position, and if the alleged victim indicates their wish to have the charges dropped, the attorney can draft a 'declination of prosecution' affidavit. Once signed and notarized by the alleged victim, this can be filed with the court to officially notify the prosecutor and the court that the alleged victim is formally requesting to have the charges dropped.
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