Can a terroristic threatening charge be dropped?
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Can a terroristic threatening charge be dropped?
If the victim agrees to drop the charges of terroristic threatening, will the charges be dropped?
Asked on June 23, 2012 under Criminal Law, Kentucky
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
When a victim does not want to pursue charges, often the DA's office will drop the charges-- partially because of staffing issues and partially because of proof requirements. Often, the only two witnesses to an assault or threat charge are the victim and the defendant. Since a major Supreme Court case called "Crawford," the prosecution is required to produce the victim if the victim is the only witness-- so if a victim is refusing to testify-- they don't have a case in these situations. However, the state is not required to drop the charges. They may have proof in the form of an eye witness. If they can still prove the case without the victim, they can continue the case regardless of the victim's wishes.
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