Can charges be dropped once prosecutor files them

UPDATED: Oct 1, 2022

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Can charges be dropped once prosecutor files them

I was fired from a job for allegedly taking money. The
prosecutor filed charges against me. I spend 24
hours in a holding cell then was bonded out. Court
date on Tuesday, January 9, 2018. My employer has
now contacted me and said if money was replaced,
all charges will be dropped. Is that possible?

Asked on January 3, 2018 under Criminal Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is possible, but is not guaranteed. The prosecutor has the authority and discretion (freedom) to drop charges if he or she wants. The prosecutor will often drop charges if the victim has been repaid and asks for them to dropped. However, because the prosecutor, not the victim, is in charge of the case (that's why criminal cases are always titled "State vs."--the state, which is the government or prosecutor, is the one bringing the case, not the victim) and because repaying the money doesn't mean that the crime did not happen in the first place, the prosecutor is not required to drop the charges: he or she could choose to still pursue them. So the employer cannot guaranty that charges will be dropped, because they are not under the employer's control: all the employer can do is request that they be dropped and explain that you repaid.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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