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When the Person Who Called the Police Doesn’t Want to Go Forward

Posted by Corey L. Scott | Nov 27, 2021 | 0 Comments

What happens when the person who called police or initiated charges decides that they do not want anything to do with the case anymore? Are the charges dropped?

I get asked about this from time to time, and unfortunately there is not one universally applicable answer, as it really depends. What happens in these types of situations is determined by several factors. The first factor will always be the charges themselves, and their severity.

It will also depend on the type of evidence that is available. For example, say it is a domestic violence case, and the only evidence against you are verbal allegations. This would mean that the prosecution's case heavily relies on the cooperation of whoever is making these allegations. In a situation where this person no longer wishes to be involved in the case, the prosecution may consider dropping the charges.

It is important to note that once a formal charge is brought against you, the State of Indiana is the only authority who can dismiss the case. The exception to this being on rare occasions where the defense can file to have the charges dismissed, based on some flaw in the case. Most of the time however, it will be The State and the prosecutor who are the ones deciding whether to dismiss a case.

While it is a possibility that The State could dismiss the case, they could also decide to move forward even without the cooperation of the alleged victim. If the prosecution does choose to continue with the case, this person could always decide to give a statement which would formally recant their previous one. Maybe in the heat of an argument, with emotions running high, things were exaggerated. It is also possible that something was miscommunicated. If they wish to, the person who called police or pressed charges could go on record explaining why they would like to withdraw their previous statement.  

All of these are things that will be considered by a prosecutor. In the end, it is the prosecutor who has the power to decide whether they want to move forward with the case, or whether they have information that will allow them to dismiss the case if it is the right thing to do. I'm Corey Scott. If you have any other questions feel free to reach out and hit me up. I would be more than happy to help in any way possible. 

About the Author

Corey L. Scott

Corey L. Scott, was born and raised in East Chicago, Indiana. Upon graduation from East Chicago Central High School, Corey attended Indiana State University and graduated with a Bachelor of Science degree in Criminology.  Upon graduation, Corey accepted a position with the Marion County Superior Court, Juvenile Division where he served with distinction for the next nine years, eventually being promoted to Director of the Youth Counseling Department. Pursuing his dream of becoming an attorney, Corey attended the Indiana University School of Law-Indianapolis.  While in law school, Corey was an Indiana Council on Legal Education Opportunity (ICLEO) fellow and participated in Moot Court competitions.  He also worked in the Marion Superior Court, Criminal Division as a bailiff and research assistant to the Honorable Tanya Walton Pratt, who serves as a Judge on the United States District Court for the Southern District of Indiana. Corey also served as an internship law clerk to the Honorable Judge, Margret G. Robb, at the Indiana Court of Appeals. Finally, upon graduation from law school, Corey had the distinct honor and privilege to serve as a law clerk to the Honorable Justice, Robert D. Rucker, who sits on the Indiana Supreme Court. Corey then became an associate with Mike Norris Law Office, where he specialized in bankruptcy law with a main concentration on working to assist families obtain a fresh start through Chapter 7 bankruptcy.  Still a young attorney, Corey then served as a public defender at the Marion County Public Defender Agency.  In this position, Corey gained invaluable trial experience by defending clients in a wide range of matters from misdemeanors to serious felonies on a daily basis.  It was also during this time that Corey discovered his passion for representing and serving "everyday people." An entrepreneur at heart, Corey established the Law Office of Corey L. Scott, P.C.  Since then, he and his staff have served the greater Indianapolis community and surrounding counties in several legal disciplines including: Bankruptcy, Criminal Defense and Family Law.  In keeping with his vision, Corey L. Scott, P.C., is a client focused, results oriented general law practice that endeavors to provide legal solutions for "everyday people" charged with a crime, dealing with financial crisis or going through a difficult divorce. Corey has also been active serving the greater Indianapolis community by participating in pro bono programs such as "Ask a Lawyer," the "Modest Means" panel program which allows individuals to afford legal counsel at a fraction of normal rates, Neighborhood Christian Legal Clinic and the Heartland Pro Bono Council program. Corey is a proud member of the Indianapolis Bar Association, Indiana Bar Association, American Bar Association, National Association of Criminal Defense Lawyers and the National Association of Consumer Bankruptcy Attorneys.

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