CAN THE ALLEGED VICTIM DROP THE CRIMINAL CHARGES AGAINST YOU IN KANSAS?

All crimes alleged and committed in Kansas are considered crimes against the state. The Kansas prosecutor (District Attorney) is tasked with protecting the general public through the criminal justice system. When you are accused of a crime, it is not "You vs. Alleged Victim". It is "You vs. The State of Kansas". So can the alleged victim drop the charges against you? No. Only the prosecutor can. In fact, if you try to convince a victim not to proceed you may be charged with witness tampering and/or violation of a protection order. In some instances these can become additional felony charges. Particularly where the charges are of domestic violence, sex crimes, other violent charges, the alleged victim will be assigned a "Victim's Advocate". This person will provide support and a voice (not testimony but help with communicating) throughout your prosecution. 

You may be wondering what happens if the alleged victim says they won't testify, doesn't want to pursue the case, has relocated and/or wasn't the person to contact police. It depends. Depending on the severity of the charges, and the Kansas prosecutor assigned to your case, they may subpoena this person. That will make it an Order of the court for them to testify.  In some cases, it is possible to proceed with the matter without the testimony of the alleged victim through use of prior statements, witness testimony, 911 calls, etc.. Charges related to sex crimes, child abuse and domestic violence are most often faced with this possibility. However, that does weaken the State's case and your attorney will likely file objections against it. In addition, if there is an uncooperative or unresponsive alleged victim any plea agreements may be better than if they had full involvement of the alleged victim. 

Tip: By the way, in cases of domestic battery or abuse, the alleged victim sometimes appears in court asking for restrictions, restraints, no contact orders, etc. to be removed. They even sometimes come to seek reduction in bond or to suggest it was their fault. Well intending as they are, this can backfire. A savvy prosecutor will ask the Court to give oral Orders (that allows them to escape serving a physical subpoena) requiring their return to all remaining hearings against you through trial. What does that mean? That the State will highly likely push forward with the case against you.

Don't confuse this with the civil filing of a Kansas Protection from Abuse (PFA) request or Order. Those, by motion, can be removed at the request of the parties. 

You probably have questions about your specific case. Don't wait. Call Attorney T. Morton today (913) 602-7288. Payment plans are available.