If someone drops charges pending against me, am I still required to go to court?

Get Legal Help Today

 Secured with SHA-256 Encryption

If someone drops charges pending against me, am I still required to go to court?

This was a misdemeanor assault and battery in South Carolina

Asked on June 21, 2009 under Criminal Law, South Carolina

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Although I do not practice in South Carolina, the general rule is that alleged victims do not have the authority to determine whether to prosecute or drop charges.  The decision to do so generally rests with the prosecution.  While an alleged victim's desire to see charges prosecuted or dropped may influence a prosecutor, the prosecutor has the discretion to drop or prosecute charges over the objection of the alleged victim.  

Failure to show up for a scheduled court date can expose you to criminal liability for additional charges of failure to appear.  Therefore, if you have a court date scheduled, you must show up.  I recommend that you consult with and/or retain a criminal defense attorney to determine the merits of the state's case and your potential defenses, especially in light of the fact that the alleged victim may not want to cooperate with the prosecution.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption