Who Can Dismiss My Case

Posted by Corey L. Scott | Jul 23, 2021 | 0 Comments

Are you facing serious domestic battery charges and have been told by a girlfriend, fiancé, or loved one not to worry about it because they are going to dismiss your charges? 

Hi, my name is Corey Scott, I am a criminal defense attorney, and my mission is to help people retain their freedom. One of the biggest misconceptions I have come across in my field is the impression that individuals have the power to either dismiss or not go forward with a domestic violence case. This is simply not true.

If you have ever looked at criminal charging information, you will notice it says, “The State of Indiana vs John Smith,” or, “The State of Indiana vs Jane Smith,” or something along those lines. That is because it is the state of Indiana, not an individual that is bringing the charges. Meaning that it is only the state of Indiana that has the power to dismiss charges or make decisions about not going forward with charges.

The next time someone tells you, “I am not going to press charges,” you need to let them know that they do not have the power to press charges. It is only the state of Indiana that presses charges, and it is only the state of Indiana that can dismiss charges. There are some circumstances where there may be a defect in a case and a motion can be filed, where the court can hear evidence and possibly dismiss a case. But when we are talking about just simply bringing cases and voluntarily dismissing cases, that power is going to be in the hands of the state of Indiana.

My name is Corey Scott, and I hope that this has been helpful. If I can be of any further assistance, please reach out to me, I would be more than happy to help you out.

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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The Law Office of Corey L. Scott, P.C., specializes in Bankruptcy Law, Criminal Law, and Family Law.


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