🧭Dropping Charges Timing Checker

Check complaint withdrawal timing

This page sets out the rules that apply at each stage. It does not predict what a prosecutor or judge will do in a particular case.

AuthorityWhat it provides
Fed. R. Crim. P. 48(a)The government may dismiss an indictment, information or complaint, and needs leave of court to do so once trial has begun
18 U.S.C. 3771(a)(4)A crime victim has the right to be reasonably heard at public proceedings
18 U.S.C. 3771(a)(5)A crime victim has the reasonable right to confer with the attorney for the government

How to use the dropping charges timing checker

A victim in the United States has no power to withdraw a criminal case. Korean law lets a complainant withdraw a complaint up to the moment the trial court pronounces judgment, and for some offenses that withdrawal removes a condition of prosecution. Here the case belongs to the state from the outset, so a victim who no longer wants it pursued is asking the prosecutor to exercise discretion rather than exercising a right of their own.

Choose the stage the case is at and the tool sets out who decides, how a dismissal would actually happen at that stage, and what weight the victim's view carries. It does not forecast an outcome, because that turns on the evidence, the office's policy and the court.

Authority: Fed. R. Crim. P. 48(a) lets the government dismiss a charging document and requires leave of court once trial has begun, and the Crime Victims' Rights Act, 18 U.S.C. 3771(a)(4) and (a)(5), gives a victim the right to be reasonably heard and to confer with the attorney for the government. State rules follow a similar pattern with their own numbering. Stated as of September 2026.

This page is for reference only and is not legal advice. Declining to cooperate can have consequences of its own, including a subpoena, so speak with a licensed attorney or a victim advocate before deciding what to do.

Frequently asked questions

What happens if a victim simply refuses to testify?

The case does not automatically end. A prosecutor may proceed on other evidence, and a witness who has been subpoenaed is under a court order rather than an invitation, which is why this is a question to take to an attorney rather than to handle informally.

Does a signed settlement with the defendant end the prosecution?

A civil settlement resolves civil claims between the parties. It does not bind the prosecutor, and an agreement that promises to make a criminal case go away can create separate legal problems, so any such document should be reviewed by counsel before it is signed.