Can The Victim Drop Criminal Charges In Colorado?
- Apr 9
- 2 min read
Domestic Violence and Sex Cases Explained
By Ted McClintock, Attorney at Law
This is one of the most common—and most misunderstood—questions I hear:
“If the alleged victim doesn’t want to press charges, will the case go away?”
In Colorado, the answer is almost always:
No. The alleged victim cannot “drop charges.”
And that surprises a lot of people.
⚖️ Who Actually Decides Whether Charges Move Forward?
In Colorado, once a case is filed:
The District Attorney—not the alleged victim—controls the case.
That means:
The DA can move forward even if the alleged victim wants the case dismissed
The case can proceed without the victim’s cooperation
The alleged victim’s wishes are considered—but not controlling
Domestic Violence Cases: The “No-Drop” Reality
In domestic violence cases, this is even more strict.
Colorado follows a “no-drop” approach in many jurisdictions. Once law enforcement makes an arrest:
Charges are typically filed based on probable cause
The case can move forward using:
911 recordings
Bodycam footage
Statements made at the scene
Physical evidence
Even if the alleged victim later says:
“I don’t want to press charges”
…the case often continues anyway.
Example (Domestic Violence)
A couple has an argument. Police are called.
One person is arrested for domestic violence.
The next day, the alleged victim:
Calls the DA’s office
Says it was a misunderstanding
Asks to drop the case
In many situations, the DA will still prosecute—
based on the evidence gathered at the time of the incident.
Sex Offense Allegations: Even More Complex
In sex-related cases, the situation can be even more difficult.
Even if the alleged victim:
Recants
Becomes uncooperative
Or does not want to proceed
The prosecution may still move forward using:
Prior statements
Digital evidence (texts, messages)
Forensic evidence
Expert testimony
Example (Sex Allegation)
An allegation is made, and a report is taken.
Later, the alleged victim:
Becomes unsure
Does not want to testify
Attempts to withdraw the allegation
The DA may still pursue charges—especially if there is:
Corroborating evidence
Recorded statements
Independent witnesses
Why Does Colorado Handle Cases This Way?
Prosecutors will tell you this approach is designed to:
Protect alleged victims from pressure or coercion
Ensure serious allegations are fully investigated
Prevent cases from being dismissed too easily
But from a defense perspective, it creates a critical reality:
Cases can move forward even when the alleged victim does not support prosecution.
Common Mistakes to Avoid
If you are facing allegations, do NOT assume:
❌ “They’ll just drop the charges.”
❌ “If they don’t show up, the case goes away.”
❌ “We can just explain it to the prosecutor.”
These assumptions can lead to serious consequences.
What Actually Helps in These Cases?
Every case is different, but strong defense often focuses on:
Challenging the reliability of initial statements
Examining inconsistencies in evidence
Presenting context and mitigation
Identifying weaknesses in the prosecution’s case
Early intervention can make a significant difference.
Final Thoughts
In Colorado, the alleged victim does not control whether charges are filed or dismissed.
That decision belongs to the prosecution.
Understanding that reality—and responding strategically—is critical.
Contact Ted McClintock
McClintock Law
If you or a loved one is facing domestic violence or sex offense allegations,
don’t rely on assumptions—get informed and get experienced legal guidance early.
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