Can the state pick up a case that the victim has already dropped charges for months ago?

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Can the state pick up a case that the victim has already dropped charges for months ago?

The victim dropped charges the end
of last year for someone threating
to harm her but manatee county has
just now issued a warrant for the
defendant and instead of the
charge being a misdemeanor they
are saying it is a felony and he
has no bond.

Asked on February 11, 2017 under Criminal Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact is that it is not up to an alleged victim as to whether or not to drop charges; it is up to the state. And if there is enough evidence to obtain a conviction, then it can move forward with prosecution even over the victim's objections. Additionally, based on the follow-up investigation, an initial charge of a misdemeanor can be upgraded to a felony. At this point, you should consult with a criminal law attorney ASAP since this case can have serious consequences, including jail time.


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