It is a common belief in domestic assault cases: if the person who called the police changes their mind, the case is over. You may feel a sense of relief, believing the charges will be dismissed. However, this is a critical misunderstanding.
In Minnesota, the alleged victim does not have the power to “drop the charges.” Once the police are involved, the decision to prosecute rests entirely with the state, specifically the prosecutor’s office. This can be a confusing situation when you are facing serious allegations.
Who is in charge of the case?
When police respond to a domestic incident, they gather evidence. If they make an arrest, they send their reports to a prosecutor. This prosecutor, who is a county or city attorney, represents the state of Minnesota. They do not represent the alleged victim.
The case is legally State of Minnesota vs. You, not Victim vs. You. The prosecutor will enforce the law based on the evidence they have, regardless of the alleged victim’s current wishes.
Why the prosecutor moves forward
Prosecutors often proceed with domestic assault cases even if the alleged victim recants or expresses a desire not to cooperate. They may believe the person is being pressured, threatened or manipulated into changing their story.
The prosecutor’s decision is based on the total evidence, which often includes more than just one person’s testimony. This evidence can include:
- The 911 call recording
- Police body camera footage
- Photographs of any injuries or property damage
- Statements from other witnesses
- Your own statements to the police
This evidence is often enough for the state to build a case without the active cooperation of the alleged victim.
What happens when a victim recants?
The alleged victim cannot stop the prosecution by simply signing an affidavit or telling the prosecutor they want to drop the case. While the prosecutor will review this new information, it does not automatically end the legal proceedings.
It is the prosecutor’s job to weigh the new statement against the original police report and all other evidence. In some situations, the state may still compel the person to testify in court.
Your defense must address the state’s evidence
Believing a case will disappear on its own is a significant risk. Because the state controls the process, the case can continue for months, and the evidence gathered on the day of the incident remains powerful.
The defense must focus on the facts of the case and the law itself, not on the changing wishes of the alleged victim. Understanding your rights and the full legal process is critical. If you are facing allegations, you should consider speaking with a criminal defense attorney to understand your specific options.
