Common Myth #2: I Can Always Just Drop the Charges, The Criminal Case Will Go Away, and We Don't Need to Go to Court

So one party calls the cops after an argument and then they feel remorse later on and want to drop the charges.  They are then astonished to find that there is now a case that looks something like: “State of Ohio vs. John Doe.”  “Wait,” they say, “We didn’t want that!  We’ve made up, we came to an understanding, I want to drop the charges!”  A lot of people think that they can do that and then they won’t have to go to court.

It doesn’t work like that.  You’ll notice, it isn’t you who is the complainant.  It is the State of Ohio.  That means you can’t just “drop the charges”.  The minute the police came to your door, the State became involved and a criminal case was born.  The fact that one of you wants to drop the charges isn’t going to make a whole lot of difference anymore. 

There will be a court date for the defendant and the defendant needs to go, because otherwise he or she is likely facing a warrant for arrest.  Explaining that “It’s all okay now” or “I just wanted to teach him/her a lesson” will not get you out of it.   Go to court!

There will also be some kind of consequence for the crime—it might not be jail time or anything so severe, but this isn’t going to just vanish either and some sort of penalty will be imposed.  This is one reason why it’s important to seek representation by an attorney, because an attorney can advise you on your options in this situation.

    By: Alexandra E. Winters, Attorney at Law