When someone believes they have been the victim of theft, assault, harassment, threats, fraud, or another crime, one of the first questions may be: How do I press charges against someone?
In most U.S. criminal cases, an individual does not personally control whether formal criminal charges are filed. Instead, the usual process begins by reporting the alleged crime to the appropriate law-enforcement agency and providing any available information or evidence. Police may investigate, and a prosecutor generally decides whether a criminal case should move forward.
The exact process varies by state, locality, offense, and sometimes by whether the matter involves state or federal law.
This guide explains how to press charges against someone, how criminal charges are filed, what evidence may be useful, what happens after a report is made, and how assault, harassment, threats, and other common situations may be handled.
What Does Pressing Charges Mean?
Pressing charges generally means reporting suspected criminal conduct and asking law enforcement to investigate it. The phrase is commonly used as though a victim personally starts a criminal prosecution, but that is not usually how the process works.
A person may:
- report the alleged crime;
- explain what happened;
- identify the person involved, if known;
- provide documents, photos, messages, videos, or other evidence;
- identify potential witnesses; and
- cooperate with investigators and prosecutors.
Law enforcement may then investigate the allegations. If the matter is referred for prosecution, the appropriate prosecutor evaluates the evidence and applicable law and decides whether to initiate criminal charges.
For example, federal courts specifically direct people who believe a federal crime occurred to contact law enforcement; criminal charges in federal court are brought by the government rather than by a private individual. State and local procedures can vary.
Pressing Charges vs. Filing a Civil Lawsuit
The criminal process and a civil lawsuit serve different purposes.
- In a criminal case, the government prosecutes a person accused of committing a crime. A prosecutor decides whether to file charges based on the evidence and applicable law. If the defendant is convicted, the court may impose penalties such as probation, fines, or imprisonment.
- A civil lawsuit is generally brought by an individual or entity seeking a legal remedy for harm or a dispute. Depending on the circumstances, the plaintiff may seek monetary damages, an injunction, or another form of relief.
NOTE:
The same incident can sometimes lead to both criminal proceedings and a separate civil lawsuit. For example, an alleged assault could result in a criminal investigation and prosecution while also giving the injured person grounds to seek compensation through a civil claim.
The key difference is that a criminal case seeks to address an alleged violation of criminal law, while a civil case generally seeks a remedy for the plaintiff’s individual harm or legal rights.
How Do You Press Charges on Someone?
If you want to press charges against someone, the usual first step is to report the alleged crime to the appropriate law enforcement agency. You generally do not file criminal charges yourself. Police or another investigative agency may investigate the report, and a prosecutor typically decides whether there is sufficient evidence and legal basis to bring criminal charges.
The process generally involves the following steps, although the exact procedure varies by state, locality, type of offense, and whether the matter involves state or federal law.
1. Report the Alleged Crime
Start by reporting the incident to the law enforcement agency that has jurisdiction over where the alleged crime occurred or where the relevant conduct took place.
If there is an immediate threat to your safety or an emergency, call 911. For a non-emergency, you may generally contact the local police department, sheriff’s office, or another appropriate law enforcement agency.
When making a report, provide as much accurate information as possible, including:
- what happened and how the incident occurred;
- when and where it happened;
- the name or description of the person involved, if known;
- names and contact information for potential witnesses;
- any injuries, losses, or property damage; and
- documents, photographs, messages, videos, or other evidence related to the incident.
Stick to the facts and do not exaggerate, alter, fabricate, or otherwise manipulate evidence.
2. Preserve Evidence
You do not need to build an entire criminal case before reporting an alleged crime. However, preserving relevant evidence can help investigators evaluate what happened.
Depending on the circumstances, useful evidence may include:
- photographs or videos;
- medical records and bills;
- text messages, emails, or social media communications;
- call logs or other communications records;
- surveillance footage;
- financial records or transaction documents;
- receipts and proof of ownership;
- damaged or recovered property; and
- witness information.
Keep original files and documents whenever possible. Avoid deleting, editing, or modifying potentially relevant evidence.
3. Obtain the Police Report or Case Number
Ask whether the agency can provide a police report number, incident number, or case number. Availability and procedures vary by agency.
Keep this information for future communications with law enforcement. It can also help investigators locate the report if you need to provide additional information or follow up on the status of the matter.
4. Law Enforcement May Investigate
After a report is made, law enforcement may investigate the allegations. Depending on the circumstances, investigators may:
- interview the person reporting the crime, the accused person, and witnesses;
- collect or review physical or digital evidence;
- obtain surveillance footage or other records;
- document injuries or property damage;
- conduct searches or seek warrants when legally authorized; or
- take other investigative steps appropriate to the alleged offense.
Making a report does not automatically mean that an arrest or criminal charge will follow. Investigators generally need to develop sufficient information and evidence before the matter can proceed.
5. A Prosecutor May Review the Case
Depending on the jurisdiction and the circumstances, law enforcement may refer the matter to a prosecutor for review.
The prosecutor generally evaluates the available evidence, applicable criminal statutes, and other legal and practical considerations when deciding whether to initiate a prosecution. Probable cause may be required for certain stages of a criminal case, but probable cause does not necessarily mean that charges must be filed or that a prosecution will proceed.
This is an important distinction: reporting a crime and asking that someone be prosecuted does not give the reporting person control over whether criminal charges are filed. The government generally makes that decision.
6. Criminal Charges May Be Filed
If the prosecutor or other authorized government official determines that the case should proceed, formal criminal charges may be initiated through the procedure required by the applicable jurisdiction.
Depending on the case, this may involve a criminal complaint, indictment, information, arrest warrant, or summons.
Once charges are initiated, the defendant may have an initial appearance or arraignment. The case can then proceed through stages such as:
- arraignment and entry of a plea;
- pretrial hearings and motions;
- discovery and exchange of evidence;
- plea negotiations, where applicable;
- trial, if the case is not resolved beforehand; and
- sentencing if the defendant is convicted or pleads guilty.
The specific sequence and terminology vary by jurisdiction and by how the case was initiated.
How Much Evidence Is Needed to Charge Someone?
There is no universal amount or type of evidence that a victim must personally have before reporting an alleged crime. A person can report conduct based on what they experienced or observed, and law enforcement may gather additional evidence during the investigation.
The amount of evidence needed depends on what stage of the criminal process is involved. Different legal standards may apply to an investigation, an arrest, the filing of criminal charges, and a criminal conviction.
For example:
- Probable cause is an important legal standard that may apply to arrests, search warrants, and other stages of a criminal case. The specific requirements depend on the circumstances and jurisdiction.
- Prosecutorial charging decisions generally involve evaluating whether the available evidence supports the proposed charges and whether prosecution is appropriate under applicable law.
- Proof beyond a reasonable doubt is the higher burden the government must meet to obtain a criminal conviction at trial.
Probable cause should not be confused with proof beyond a reasonable doubt. Meeting a probable-cause threshold does not establish that a defendant is guilty, and federal prosecution guidance treats probable cause as a minimum threshold rather than an automatic requirement to prosecute.
What Evidence Can Help Support a Criminal Investigation?
Depending on the alleged offense, investigators may consider evidence such as:
- medical records or photographs of injuries;
- photographs or video of the incident or its aftermath;
- security-camera or cellphone footage;
- text messages, emails, or social media communications;
- financial or transaction records;
- relevant documents;
- location information when lawfully obtained;
- witness statements; and
- physical or forensic evidence.
The type and importance of evidence depend on the alleged offense and the circumstances of the case. Evidence that may be important in an assault investigation, for example, may differ substantially from evidence relevant to an allegation of fraud or theft.
Can Someone Press Charges Without Proof?
Yes. A person can generally report a suspected crime even if they do not have physical or documentary proof at the time of the report. A victim or witness can describe what they experienced or observed, and law enforcement can evaluate that information as part of an investigation.
Investigators may then seek additional evidence to determine what happened and whether a crime occurred. Depending on the circumstances, this may include:
- witness statements;
- security-camera or cellphone footage;
- text messages, emails, or other communications;
- medical or financial records;
- physical or forensic evidence;
- photographs or other documents; and
- statements or admissions from people involved.
However, reporting a crime does not guarantee that criminal charges will be filed. Law enforcement may determine that further investigation is needed, while a prosecutor may decline to bring charges if the available evidence does not provide a sufficient legal basis for prosecution or if prosecution is otherwise not appropriate.
The important distinction is that a person does not need to prove the crime before reporting it. The investigation and criminal prosecution process determines whether sufficient evidence exists to support charges and, ultimately, a conviction.
What Happens When You Press Charges on Someone?
After you report a suspected crime, law enforcement may investigate the allegations and gather additional information or evidence. Making a police report does not automatically mean that the other person will be arrested, charged, or prosecuted.
Depending on the circumstances, the process may involve the following steps:
- Law enforcement reviews the report. Officers may document the allegations and determine whether further investigation is appropriate.
- Investigators gather information and evidence. This may include interviewing witnesses, collecting records, reviewing video or other evidence, and taking other investigative steps.
- The person suspected of the crime may be investigated or interviewed. The specific investigative procedures depend on the alleged offense and applicable law.
- The case may be referred to a prosecutor. If law enforcement believes there is a basis for further action, the matter may be referred to the appropriate prosecuting authority.
- The prosecutor evaluates the case. The prosecutor may file charges, request additional investigation, or decline to prosecute based on the evidence, applicable law, and other relevant considerations.
- Criminal charges may be initiated. Depending on the case and jurisdiction, this may involve a summons, criminal complaint, indictment, information, or arrest warrant.
- The defendant appears in court. If charges are filed, the defendant generally has an initial court appearance or arraignment, depending on the procedure used.
- The criminal case proceeds. The case may involve pretrial hearings, discovery, motions, plea negotiations, a trial, or another resolution.
The person who reported the crime may be asked to provide additional information, submit evidence, give a statement, or testify as a witness. However, once the government initiates a criminal prosecution, the victim generally does not personally control whether the case continues or is dismissed.
NOTE – The exact process can vary depending on the state or federal jurisdiction, the alleged offense, how the case is initiated, and the circumstances of the investigation.
How To Press Charges for Assault?
If you believe you have been assaulted, the usual first step is to report the incident to the appropriate law enforcement agency. You generally do not personally file criminal charges against the other person. Instead, law enforcement may investigate the report, and a prosecutor generally decides whether criminal charges should be filed.
If the situation involves an immediate threat or serious injury, prioritize your safety and seek emergency assistance.
Depending on the circumstances, useful steps may include:
- Get to a safe location. If you are in immediate danger, call 911 or seek other emergency assistance.
- Report the alleged assault. Contact the appropriate police department, sheriff’s office, or other law enforcement agency.
- Seek medical attention. Obtain appropriate medical care for injuries and keep relevant medical records.
- Document visible injuries or damage. Where appropriate, take photographs of injuries, damaged property, or other relevant conditions.
- Preserve evidence. Keep relevant text messages, emails, recordings, photographs, videos, clothing, documents, and other potentially relevant evidence in their original form when possible.
- Identify potential witnesses. Provide investigators with the names and contact information of people who may have witnessed the incident or have relevant information.
- Cooperate with follow-up requests. You may be asked to provide additional information, give a statement, identify evidence, or participate as a witness.
The legal definition of assault varies by state. Some states distinguish assault from battery, while others use different terminology or define related offenses differently. Domestic violence may also involve additional or separate offenses and procedures.
Because criminal laws and procedures vary by jurisdiction, whether an alleged assault supports criminal charges depends on the specific facts and the law that applies.
Is It Worth Pressing Charges for Assault?
There is no universal answer to whether it is “worth” reporting an assault. The decision can depend on the circumstances, personal safety concerns, available evidence, and the applicable law.
If you believe you have been assaulted, you can report the incident to law enforcement. You do not have to decide whether the case will ultimately result in criminal charges. Law enforcement and prosecutors evaluate the allegations, evidence, and applicable law to determine whether criminal proceedings should be pursued.
If you are in immediate danger, prioritize your safety and seek emergency assistance.
How Long Do You Have to Press Charges for Assault?
There is no single nationwide deadline for assault cases in the United States. The time limit for bringing criminal charges depends on the jurisdiction and the specific offense.
Factors that may affect the applicable statute of limitations include:
- the state or federal jurisdiction;
- the specific offense involved;
- whether the offense is classified as a misdemeanor or felony;
- the age or status of the victim when special limitation rules apply;
- applicable tolling provisions; and
- other circumstances established by the relevant law.
A statute of limitations generally establishes how long the government has to commence a criminal prosecution, subject to applicable exceptions and tolling rules. It is therefore not always accurate to describe it simply as the deadline for a victim to report an assault.
Even when a prosecution may still be legally possible, reporting an alleged assault promptly can be important. Memories may become less reliable over time, surveillance footage may be overwritten, electronic records may become unavailable, and physical evidence may be harder to preserve.
Because limitation periods and exceptions vary significantly, a person concerned about the timing of a potential assault prosecution should review the law applicable to the relevant jurisdiction.
Can You Press Charges for Harassment, Threats, Bullying, or False Accusations?
You may be able to report harassment, threats, bullying-related conduct, or certain false statements to law enforcement, but whether criminal charges can be filed depends on the specific conduct and the law of the applicable jurisdiction. The label used to describe the behavior does not by itself determine whether a crime occurred. Law enforcement and prosecutors generally look at the underlying conduct, applicable criminal statutes, and available evidence.
Harassment
Repeated unwanted conduct may potentially violate laws addressing criminal harassment, stalking, threatening communications, or similar offenses, depending on the jurisdiction and circumstances.
If you are reporting suspected harassment, preserve relevant evidence that may help establish what happened and how often it occurred, including:
- text messages;
- emails;
- voicemails;
- screenshots;
- social media messages or posts;
- call records;
- dates, times, and descriptions of repeated incidents; and
- names and contact information for potential witnesses.
If the conduct involves an immediate threat to your safety, seek emergency assistance.
Threats
A threat may constitute a criminal offense when the conduct satisfies the requirements of the applicable law. However, not every rude, angry, offensive, or upsetting statement is necessarily a criminal threat.
The specific words used, context, circumstances, manner of communication, intent where relevant, and applicable statute may affect whether the conduct qualifies as a crime.
If you believe a threat presents an immediate danger, contact 911 or seek other emergency assistance.
Bullying
Bullying is not a single, uniform criminal offense under U.S. law. Conduct described as bullying may nevertheless involve behavior that is prohibited by criminal law.
Depending on the circumstances, bullying-related conduct could potentially involve offenses such as:
- assault;
- threats;
- stalking;
- harassment;
- extortion;
- property crimes; or
- certain unlawful electronic communications.
When minors are involved, additional considerations may apply, including juvenile justice laws, school policies, and other procedures governing conduct involving children or students.
False Accusations
Making a false accusation does not automatically mean that the person making the accusation has committed a crime. Whether criminal charges are possible depends on what was said or submitted, whether the person knowingly made a false statement, where and to whom it was made, and the law of the applicable jurisdiction.
Certain conduct may carry criminal consequences, such as knowingly making a false report to law enforcement or giving false testimony under circumstances covered by perjury laws.
Other false statements may instead give rise to potential civil claims, such as defamation, depending on the facts and applicable law.
If someone has made a false accusation against you, the appropriate legal response depends on the nature of the accusation and where and how it was made. Simply believing that an accusation is false does not, by itself, establish that the other person committed a crime.
Can You File a Police Report Without Pressing Charges?
Yes. A person can generally report suspected criminal conduct to law enforcement without personally deciding whether criminal charges will ultimately be filed. Filing a police report and initiating a criminal prosecution are separate steps.
When law enforcement receives a report, officers or investigators may:
- document the incident;
- investigate the allegations;
- gather or evaluate evidence;
- determine that no further action is warranted;
- refer the matter to a prosecutor; or
- take another action permitted by applicable law.
If the matter is referred for prosecution, the decision to file criminal charges generally belongs to the government, not the person who made the report. In other words, reporting a crime does not require the reporting person to personally file or control the criminal case.
Cooperating With Police and Prosecutors
After a report is made, a victim or witness may be asked to provide additional information, participate in an interview, identify evidence, or testify about what they experienced or observed.
Cooperating with an investigation can help law enforcement and prosecutors evaluate the case. However, a person’s legal obligations depend on the circumstances. For example, a witness may have a legal obligation to provide testimony if properly subpoenaed, while other requests for information may be voluntary.
Victims may also have rights under applicable federal or state law, including rights relating to notice, communication, participation, protection, and safety. These rights vary depending on the jurisdiction and circumstances of the case.
It is also possible for prosecutors to continue pursuing a criminal case even if the victim later does not want the prosecution to continue. A criminal prosecution is brought by the government, not by the victim personally, so the victim generally does not have sole authority to dismiss or stop the case.
This distinction is important when someone says they want to “press charges.” Reporting an alleged crime and cooperating with an investigation does not mean the reporting person controls whether criminal charges are filed or whether a prosecution ultimately continues.
Statutes of Limitations: How Long Can Criminal Charges Be Filed?
A criminal statute of limitations generally establishes a time limit for the government to begin a prosecution for a particular offense. If the applicable period expires, prosecution may be barred unless an exception or tolling rule applies.
A statute of limitations should not simply be described as the deadline for a victim to report a crime. Reporting an alleged crime and commencing a criminal prosecution are different steps, and the time limits governing prosecution can vary depending on the offense and jurisdiction.
The applicable limitation period may depend on factors such as:
- whether the offense is prosecuted under federal or state law;
- the specific offense involved;
- whether the offense is classified as a misdemeanor or felony;
- the victim’s age or other circumstances in certain specially regulated offenses;
- whether the offense is subject to a continuing-offense rule;
- applicable tolling provisions; and
- statutory exceptions that extend or eliminate the limitation period.
Federal law provides a general statute of limitations for many non-capital federal offenses, while certain offenses are subject to different limitation periods or may have no applicable limitation period. State laws vary considerably and may establish different time limits for different offenses.
Because the applicable deadline depends on the offense and jurisdiction, there is no single nationwide time limit for filing criminal charges. A person concerned about whether a particular criminal offense can still be prosecuted should review the law that applies to the specific offense and jurisdiction.
Do You Need a Lawyer to Press Charges?
You generally do not need a lawyer simply to report an alleged crime to law enforcement. A person can report suspected criminal conduct directly to the appropriate police department, sheriff’s office, or other law enforcement agency.
Legal advice may nevertheless be useful in situations involving complicated legal or procedural issues. Depending on the circumstances, an attorney may help you understand:
- your rights and responsibilities as a victim or witness;
- how to preserve potentially relevant evidence;
- whether protective orders or other legal remedies may be available;
- how a related civil claim differs from a criminal case;
- how criminal and civil proceedings may overlap; or
- what legal options may be available after a criminal case has been decided.
What If the Criminal Case Has Already Resulted in a Conviction?
The role of an attorney can become particularly important after a criminal case has resulted in a conviction, sentence, judgment, or other appealable ruling.
At that stage, an appellate attorney can review the trial record, identify potential legal errors, evaluate whether issues were properly preserved, and determine whether there may be grounds for an appeal. Depending on the circumstances, post-conviction proceedings may provide another way to challenge a conviction or sentence.
An appeal is different from the initial process of reporting a crime. A criminal appeal generally asks a higher court to review an existing decision for legal or procedural error rather than asking law enforcement to investigate a new allegation.
How Brownstone Law Can Help?
Brownstone Law focuses on state and federal appeals, including criminal appeals and appropriate post-conviction matters. Its appellate attorneys review the lower-court record, evaluate potential legal errors, address applicable appellate deadlines, and develop arguments for review by the appropriate appellate court.
If a criminal case has already resulted in a conviction, sentence, or other appealable decision, Brownstone Law may be able to evaluate the available appellate or post-conviction options.
Learn more about:
If you already have a criminal conviction or court ruling that you believe should be challenged, Brownstone Law offers a case evaluation to assess potential appellate options. Contact us now!
Frequently Asked Questions (FAQs)
Q1. Can You Press Charges for Invasion of Privacy?
You may be able to report conduct involving an invasion of privacy to law enforcement, but whether criminal charges can be filed depends on the specific conduct and the law of the applicable jurisdiction. “Invasion of privacy” is not a single criminal offense that applies uniformly throughout the United States.
Certain privacy-related conduct may violate specific criminal laws. Depending on the circumstances and jurisdiction, examples may include:
- recording someone without the consent required by applicable law;
- unlawfully accessing another person’s account, computer, or device;
- sharing or threatening to share certain intimate images without authorization;
- stalking or repeated unwanted surveillance; or
- other conduct specifically prohibited by state or federal law.
Simply describing conduct as an “invasion of privacy” does not establish that a crime occurred. The specific actions, intent where required, evidence, and applicable law determine whether the conduct may support criminal charges.
If you believe your privacy has been violated, preserve relevant evidence such as messages, emails, screenshots, recordings, account activity, photographs, or other digital records. You can report suspected criminal conduct to the appropriate law enforcement agency, which can investigate and determine whether further action is warranted.
Some privacy violations may also give rise to civil claims, even when criminal charges are not filed. The available remedies depend on the facts and the law that applies.
Q2. Can You Press Charges for Bullying at School?
Yes, school bullying can potentially lead to criminal charges if the conduct also violates a criminal law, but bullying itself is not a single criminal offense in every state.
Depending on what happened, conduct described as bullying may involve offenses such as:
- assault or battery;
- criminal threats;
- harassment or stalking;
- extortion;
- property damage;
- unlawful electronic communications; or
- other offenses recognized under state law.
If the alleged offender is a minor, the matter may be handled through the juvenile justice system rather than adult criminal court. School disciplinary proceedings can also occur separately from any criminal investigation.
A student, parent, or guardian can report potentially criminal conduct to law enforcement and should preserve relevant evidence such as messages, screenshots, videos, photographs, witness information, or school records. The prosecutor or other appropriate government authority, not the victim, ultimately decides whether criminal charges will be filed.
For an immediate threat to a student’s safety, contact emergency services or the appropriate law-enforcement agency.
Q3. Can I Drop Charges After Filing a Police Report?
A victim generally cannot personally “drop” a criminal charge after the government has initiated a prosecution. The victim can communicate their wishes to police or prosecutors, but the prosecutor generally decides whether the case will continue.
A victim’s views may be considered, but they are not necessarily controlling.
Q4. What if Police Will Not Take My Report?
If an officer declines to make a report, you may ask about the agency’s review or supervisory process or contact the law-enforcement agency that has jurisdiction over the incident.
For conduct involving a particular federal offense, the appropriate federal investigative agency may also have reporting procedures.
If there is an immediate threat to safety, call 911.
I would remove the blanket advice to “file with another precinct,” because another agency may have no jurisdiction.
Q5. Can You Press Charges Without Knowing Who the Suspect Is?
Yes. You can report a suspected crime to law enforcement even if you do not know who the suspect is. You do not need to identify the person before making a police report.
Provide any information or evidence you have, such as a physical description, vehicle information, surveillance footage, messages or other communications, account information, photographs, or witness details. Police may use this information to identify the suspect and investigate the alleged crime.
Not knowing the suspect’s identity does not prevent you from reporting the crime. However, whether criminal charges are ultimately filed depends on the investigation, available evidence, and applicable law.
Q6. What Is the Difference Between Pressing Charges and Suing Someone?
Pressing charges refers to criminal proceedings initiated by the government after law enforcement investigates an alleged crime and a prosecutor or other authorized government official determines that charges may be appropriate.
Suing someone refers to a civil lawsuit brought by a person or entity seeking a legal remedy, such as monetary damages or an injunction.
The same conduct can sometimes lead to both a criminal case and a separate civil lawsuit. For example, conduct that allegedly causes physical injury may be investigated as a crime while also giving the injured person grounds to seek compensation through a civil claim.
Q7. Does It Cost Money to Press Charges?
Generally, you do not have to pay a fee to report a suspected crime to the police or another law enforcement agency. A person can usually make a criminal report without paying a filing fee or other charge simply for reporting the alleged crime.
However, you may have separate costs related to a criminal matter, such as hiring a private attorney, obtaining certain records, or pursuing a separate civil lawsuit. These costs are different from reporting a crime to law enforcement.
The cost and procedure can vary depending on the jurisdiction and the legal services involved.
Q8. Where Do You Go to Press Charges on Someone?
Usually, you should report the suspected crime to the appropriate law-enforcement agency with jurisdiction over the alleged conduct. This may be a local police department, sheriff’s office, or another state or local law-enforcement agency.
If you are facing an immediate threat or emergency, call 911.
Certain federal crimes can be reported to the appropriate federal law-enforcement agency. However, a private individual generally cannot go directly to federal court and file a criminal prosecution against another person. Criminal charges are brought by the government through the applicable criminal process.
Q9. Can You Press Charges Against a Minor?
Yes. Alleged criminal conduct by a minor can be reported to law enforcement, even though the legal process may differ from a case involving an adult.
Whether the case proceeds through a juvenile justice system, adult criminal court in circumstances permitted by state law, a diversion program, or another process depends on factors such as the minor’s age, the alleged offense, and the law of the jurisdiction.
Reporting the alleged conduct does not guarantee that criminal charges will be filed. Law enforcement and prosecutors determine how the matter proceeds under applicable law.
Q10. Can Police or Prosecutors Continue if the Victim Does Not Want to Press Charges?
Yes. Police and prosecutors may be able to continue a criminal investigation or prosecution even if the alleged victim does not want the case to proceed.
Criminal cases are brought by the government, not by the victim personally. Once a case is initiated, the prosecutor generally decides whether to continue, modify, or dismiss the prosecution based on the evidence, applicable law, and other relevant considerations.
A victim’s cooperation may affect the case, but the victim generally does not have sole authority to stop a criminal prosecution. Whether the case continues depends on the circumstances and the law of the jurisdiction.
Q11. Can You Press Charges for a Verbal Threat?
Potentially. You can report a verbal threat to law enforcement, but not every threatening, angry, or offensive statement constitutes a criminal threat.
Whether a verbal threat violates criminal law depends on factors such as the exact words used, the context and circumstances, the speaker’s intent when relevant, and the requirements of the applicable criminal statute. Law enforcement and prosecutors determine whether the reported conduct supports criminal charges.
If a threat creates an immediate risk of harm or raises an emergency safety concern, call 911 or contact local emergency services.
Q12. Can You Get a Restraining Order Without Pressing Charges?
Yes, potentially. In some jurisdictions, a person may be able to seek a civil protective or restraining order even when no criminal charges have been filed.
Eligibility, the application process, and the protections available vary by state and may depend on factors such as the relationship between the parties and the conduct involved.
A protective or restraining order proceeding is separate from a criminal prosecution. Seeking an order does not require a prosecutor to file criminal charges, and the prosecutor’s decision about whether to pursue criminal charges is a separate matter.
Q13. Can You Get a Restraining Order Without Pressing Charges?
Yes, potentially. In some jurisdictions, a person may be able to seek a civil protective or restraining order even when no criminal charges have been filed.
Eligibility, the application process, and the protections available vary by state and may depend on factors such as the relationship between the parties and the conduct involved.
A protective or restraining order proceeding is separate from a criminal prosecution. Seeking an order does not require a prosecutor to file criminal charges, and the prosecutor’s decision about whether to pursue criminal charges is a separate matter.
Q14. Can I Drop Charges After Filing a Report?
You can tell law enforcement or the prosecutor that you no longer want to pursue the matter, but you generally cannot personally drop criminal charges after they have been filed. Criminal charges are brought by the government, and the prosecutor generally decides whether to continue or dismiss the case.
If you have only filed a police report and criminal charges have not been filed, you can generally inform law enforcement that you no longer want to pursue the matter. However, the authorities may still investigate the alleged crime or decide to proceed based on the evidence and applicable law.
A victim’s decision not to cooperate may affect the case, but it does not automatically require the government to dismiss a criminal prosecution.
