If you have watched the news or an episode of “Law & Order,” you have likely heard the phrase “press charges.” But there are many misconceptions about what’s involved when pressing charges.
“There’s a colloquial idea that the victim goes to the police with an alleged crime and presses charges,” says Michael Benza, an attorney and senior instructor at Case Western Reserve University, in Cleveland.
However, in the majority of U.S. states, only a local prosecutor with jurisdiction in the area can press charges, he explains. Only a few states, such as North Carolina, allow private citizens to press charges.
Additionally, one can only press charges in criminal cases, not civil cases. Pressing charges involves criminal activity and is considered to be wholly different from someone filing a civil lawsuit.
“It’s a separate process from criminal prosecution,” says Ryan Byers, an attorney with law firm Rammelkamp Bradney, in Illinois. “There are no ‘charges pressed’ in a civil matter.”
The Process of Pressing Charges
To press charges, an alleged crime must be committed. This can include lower-level misdemeanor crimes such as petty theft or driving under the influence. Higher-level felony crimes — usually defined as crimes punishable by more than one year in prison — include crimes such as assault, burglary or murder.
A person who believes they are a victim of a crime will first need to report the incident to the local police. They will turn over any evidence to law enforcement, who will investigate the incident and determine if there is sufficient evidence to then give to the prosecutor. It is then up to the prosecutor to decide whether they will officially press charges.
“For example, in a domestic situation, if you’re married and your spouse strikes you, you can report your spouse to the police,” says Derek Jacques, an attorney with the Mitten Law Firm in Michigan. “They will then interview your spouse, talk with you, document any visible injuries you may have and other investigative measures.”
Depending on this investigation, the police will hand over the evidence to a prosecutor with jurisdiction in the area. The prosecutor will review the file and associated evidence before deciding to press charges against the spouse.
The police may also encourage you to file a protection order, which in most municipalities you can file for free or have served by law enforcement for about $100. If the spouse violates that order, it may be easier for the prosecutor to press charges against them.
How a Prosecutor Decides to Press Charges
A prosecutor weighs many factors before deciding to take on a case. The decision will depend on everything from evidence in the police arrest report to political pressure. Oftentimes, when a crime garners media attention, it can place extra pressure on the prosecutor to take action against the alleged perpetrator.
The cost of going to trial will also be taken into account. A victim of a crime does not have to pay a fee for a prosecutor to press charges. Instead, taxpayer money will fund any further investigations and trials. Depending on the unique situation, the prosecutor may be able to get the defendant to pay for some of the legal costs of going through criminal procedures.
Contrary to popular belief, criminal procedures do not automatically mean a jury trial. Only 2% of federal criminal cases ended in a jury trial, according to the American Bar Association’s 2023 Plea Bargain Task Force Report. The majority will be resolved through a plea bargain, an agreement between the prosecutor and the defendant that typically involves the defendant agreeing to a lesser charge to avoid a full trial.
Plea bargains will drastically shorten the legal process and save taxpayer money, so having enough evidence to obtain a plea bargain may be another deciding factor.
Can You Drop Charges?
Another common misconception is that a person can choose to drop charges, meaning they no longer want to pursue a criminal action against the defendant.
“This is actually not true because once charges have been filed by the prosecutor, chances are that you will have to go through to court,” Byers says.
It is solely up to the prosecutor to drop charges, not the individual alleging a crime. So once that process has started, you have no way of reversing course. When the victim decides to no longer participate, however, a prosecutor may choose to stop pursuing criminal charges if it is too difficult without the victim’s continued assistance.
“Technically, the prosecutor does have the ability to proceed, even if the victim no longer wishes them to do so,” he says. This may occur when there is significant evidence of the crime from sources other than the victim, such as eyewitnesses.
This is partially why it is so important for individuals to not use the threat of pressing charges against another person as a tactic in obtaining a preferred action. If the alleged victim decides to back out and recant their statement, they could face criminal charges themselves.
“It is important to know that you should never file a false police report against anyone, as this in and of itself is a serious crime,” Jacques says.
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What Does It Mean to Press Charges? originally appeared on usnews.com
