How Can I Press Charges Against Someone?

If you’re the victim of a crime, you might want to see the offender prosecuted and justice done. But despite what you see on TV, the victim doesn’t decide whether to press charges against the suspect—that’s the job and responsibility of the prosecutor.

Who Can Press Charges?

Unlike civil cases brought by private individuals or attorneys acting on their behalf, criminal cases start with the government. It’s the prosecutor—a public lawyer for the government—who files criminal charges and sees cases through. So why do criminal cases work this way?

A public wrong against society. While a civil case usually involves a private wrong and a private remedy, a crime is viewed as a public wrong that impacts victims and society as a whole. The responsibility of protecting public safety falls to the government, which includes police and prosecutors (sometimes called district or state attorneys) rather than private individuals.

Civil vs. Criminal Cases

Civil cases typically involve some kind of private injury resulting from something like a breach of contract, negligence, or malpractice. The injured party (often through a private attorney) files a civil lawsuit against the party allegedly at fault, usually seeking money in the form of “damages.”

Criminal cases also often involve a private individual as the victim. But the injury resulting from a crime is said to extend beyond the victim to impact the community’s safety and quality of life. Say someone assaults or robs a person in your neighborhood. Not only did that crime hurt the victim, but you and your neighbors might now be more hesitant to walk outside or let your kids ride their bikes.

Balancing act. Prosecutors need to see all sides of a case, and balance not only the harm done to the victim and society but also the potential harm of wrongly pursuing criminal charges (or over-punishing someone). Pressing criminal charges against an innocent individual comes at a great cost to that person’s freedom, reputation, livelihood, and family. On the flip side, going ahead with a criminal case without sufficient evidence can result in a guilty offender going free.

Professional accountability. Private parties aren’t accountable to a professional or ethical code in the way that prosecutors are. Prosecutors bear a responsibility to see justice done—not just to win—and face disbarment and other consequences for unethical behavior.

Does the Victim Have a Role in Pressing Charges?

While the responsibility for pressing charges lies with the prosecutor, the victim still plays an important role in the process.

Filing the Police Report

In many cases, the victim reports the alleged crime to the police. The police typically interview the victim and any witnesses to gather evidence to determine whether there’s probable cause to arrest the suspect.

Probable cause means there’s enough evidence to reasonably support two conclusions: that a crime occurred and that the suspect committed the crime. Supporting evidence can include:

• physical injuries to the victim
• damage to property
• victim and witness statements
• photographs
• video or audio recordings of the incident, and
• physical evidence, such as weapons, skid marks, or blood.

Cooperation With Police and Prosecutors

A victim’s cooperation makes it more likely that the police and prosecutor can build a strong case against the suspect. When deciding whether to pursue a case, the prosecutor considers not only the evidence but also the victim’s statements and expected level of cooperation.

A prosecutor can file criminal charges and pursue a criminal case even if a victim refuses to testify. But an unwilling or uncooperative victim makes the prosecutor’s job much more difficult. The prosecutor can force a victim to show up at court by issuing a subpoena. (Disobeying a subpoena can result in an arrest and jail time.) But the prosecutor takes a risk by trying to force a victim to testify—uncooperative witnesses can appear unreliable or otherwise make it hard for a jury to believe the government’s version of events.

Notification of Prosecutor’s Decisions

In some states, victims have a right to discuss and be notified of certain decisions made by the prosecutor, such as the decision to drop or not file charges. Often victims will need to request that the prosecutor’s office provide this notification. A victim’s right to discuss the decision with the prosecutor doesn’t give the victim the right to make the decision, though.

What If the Prosecutor Refuses to Press Charges?

Even with a victim’s help or over the victim’s objections, a prosecutor can decide a case isn’t strong enough and refuse to press charges. As frustrating as this inaction might be, prosecutors usually have their reasons (whether the victim agrees with those reasons or not.)

Prosecutor’s Considerations

As mentioned above, a prosecutor must evaluate the strength of a case before pursuing criminal charges. But, as a representative of the government, the prosecutor must consider additional factors, such as:

• the offender’s background and criminal history
• improper motives or actions taken by police
• changes in the law or court rules, and
• use of public resources to prosecute the case.

For the most part, a prosecutor’s decision not to file charges is final. But, in most situations, the prosecution at least has the option to bring a case at a later date—as long as the statute of limitations hasn’t expired (more on that topic below).

Private Prosecutions

Although rare, some states offer private citizens a path to pursue or compel criminal prosecutions in cases where a prosecutor refuses to file charges.

For instance, a state statute might allow a private citizen who believes the prosecutor acted in bad faith to ask a court or the governor to order a prosecutor (preferably a different prosecutor) to press charges.

In a few states, a private citizen can initiate a private criminal prosecution without permission from the court or another authority. But in these cases, if the court finds that the private citizen brought the case out of vindictiveness or to harass the defendant, it can order the private citizen to compensate the defendant.

How Do Statutes of Limitations Play Into Charging Decisions?

Statutes of limitations set strict time limits for prosecutors to file criminal charges. Filing charges after the time limit has passed normally results in the charges being dismissed—for good.

The amount of time to file charges varies by state and type of crime. Generally, less serious offenses, like misdemeanors, must be filed within one to three years of the alleged offense. Felony charges typically have longer time limits, and some (like murder and sex crimes) might not have a limit at all.

Regardless of the amount of time legally allowed, prosecutors generally want cases filed sooner rather than later to make sure memories are fresh and evidence isn’t lost.

Legal Resources

If someone committed a crime against you and you’re looking for guidance, check out these victim resources. The prosecutor’s office might also have a victim services provider who can help explain the prosecution process and answer other questions. If you face or think you might face criminal charges, consult an experienced criminal defense attorney.