CAN YOU BE CHARGED IF THE VICTIM DROPS THE CHARGES IN MISSOURI?

It’s a situation we see all the time: someone is arrested after a heated argument, a misunderstanding, or even a false accusation.
Later, the alleged victim has a change of heart and says, “I don’t want to press charges.”
Seems like the case should go away, right?
Not so fast.
In Missouri, the decision to file or drop criminal charges belongs to the prosecutor, not the victim. Even if the alleged victim wants to walk away from the case, the state may still move forward. Here’s what you need to know and why you need a skilled Kansas City criminal defense lawyer on your side.
If you’re facing criminal charges in Missouri, call KC Defense Counsel today and let us help begin building your defense.
WHO ACTUALLY PRESSES CHARGES?
Contrary to what many people believe, the victim does not press charges. In Missouri, once a crime is reported and investigated, it’s up to the county prosecutor to decide whether to file charges, not the alleged victim.
That means:
- The police arrest you
- The prosecutor reviews the evidence
- The prosecutor decides whether to file or pursue charges
- Even if the victim recants or refuses to cooperate, the case can still proceed
The victim is a witness, not the party in control.
WHY WOULD PROSECUTORS CONTINUE WITHOUT THE VICTIM?
Prosecutors have a variety of reasons to move forward, including:
- They believe they have enough independent evidence to prove the case
- The victim has a history of recanting, especially in domestic violence cases
- They think the accused is a threat to the community or the victim
- They have access to recorded 911 calls, witness statements, body cam footage, or physical evidence
In some domestic assault cases, prosecutors may feel ethically bound to continue—even against the victim’s wishes—because they believe it’s in the victim’s long-term safety interests.
CAN A VICTIM REFUSE TO TESTIFY?
Yes — but it’s complicated. Victims can refuse to cooperate, but that doesn’t necessarily stop the case. The state may:
- Subpoena the victim to testify
- Use prior recorded statements or texts as evidence
- Rely on other witnesses or physical evidence
- In rare cases, charge a victim with contempt for refusing to testify if subpoenaed
If the victim refuses to appear or becomes uncooperative, it can weaken the case—but it doesn’t guarantee a dismissal.
HOW CAN A MISSOURI CRIMINAL DEFENSE LAWYER HELP MY CASE?
When prosecutors try to move forward without a cooperative victim, your defense becomes even more critical. A skilled criminal defense attorney can:
- Challenge the legitimacy or accuracy of the original statements
- Argue that the case is based on hearsay or unreliable evidence
- Demonstrate that the victim has recanted and no longer supports prosecution
- Seek to exclude key evidence due to violations of your constitutional rights
- Push for dismissal when the state’s case collapses without the victim’s cooperation
At KC Defense Counsel, we’ve helped countless clients in Kansas City and throughout Missouri get charges dropped or dismissed, even when prosecutors were determined to push forward.
DON’T FACE MISSOURI COURTS ALONE — CALL KC DEFENSE COUNSEL TODAY
Even if the alleged victim wants to drop the case, you should never assume you’re in the clear. Without experienced legal representation, you could still:
- Be convicted based on other evidence
- Face jail time or probation
- Get stuck with a permanent criminal record
We’ve seen good people lose their jobs, custody rights, or freedom simply because they underestimated the system. If you’ve been charged with assault, domestic violence, or another crime — even if the victim says they want to drop the charges — do not wait.
The prosecution is building a case. You need a defense. Call KC Defense Counsel. Our affordable Kansas City criminal defense lawyers can help you get your situation under control, help you understand your options and the best way to defend yourself.
Cities we serve: Adrian, Archie, Bates City, Belton, Blue Springs, Buckner, Butler, Cameron, Claycomo, Cleveland, Drexel, Fairview, Ferrelview, Gladstone, Grain Valley, Grandview, Greenwood, Houston Lake, Independence, Kansas City Missouri, Kearney, , Knob Noster, Lake Lotawana, Lake Tapawingo, Lake Waukomis, Lake Winnebago, Lawson, Lee’s Summit, Liberty, North Kansas City, Oak Grove, Oakview, Parkville, Peculiar,, Platte City, Platte Woods, Plattsburg, Pleasant Hill, Raymore, Raytown, Riverside, Smithville, Sugar Creek, Tracy, Warrensberg, Weatherby Lake, and Weston.
Statewide: Missouri State Highway Patrol and Sheriff Counties we serve: Bates County, Cass County, Clay County, Jackson County, Platte County, Ray County.
Contact us if your ticket is not on this list so our experienced Kansas City criminal defense lawyers in Missouri near me can be of assistance.