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This is one of the most common misconceptions in criminal law and one that can lead to serious confusion or false hope. You may have heard someone say, “If the victim doesn’t want to press charges, the case gets dropped.” While that might sound logical, it’s not how the criminal justice system actually works in Florida or anywhere in the United States.

Who Really Brings the Charges?

In criminal cases, the state is the one that files the charges. Specifically, in Florida, it’s the Office of the State Attorney that decides whether to file, pursue, reduce, or dismiss charges. This means that even if the alleged victim wants to drop the case, prosecutors can move forward with or without their cooperation if they believe they have enough evidence.

Why? Because crimes are considered offenses against the state, not just the individual. Once law enforcement gets involved, and especially once an arrest is made, the case belongs to the prosecution.

When the Victim Doesn’t Want to Cooperate

That said, an uncooperative or recanting victim can influence a case, but it doesn’t automatically end it. Here’s what can happen:

The victim refuses to testify

The prosecution might still go forward using other evidence like 911 calls, police body cam footage, witness statements, or physical evidence.

The victim signs a “drop charges” affidavit: 

This doesn’t guarantee anything. It’s simply a request. Prosecutors may still proceed if they believe the case is in the public interest or if there’s a history of violence or repeat offenses.

The victim changes their story

If the new version contradicts earlier sworn statements or evidence, prosecutors might view that as less credible, or possibly as a result of pressure or intimidation. In domestic violence cases, this is particularly common and closely scrutinized.

Example

In domestic violence cases, one of the most frequent examples where this issue comes up, Florida has what’s known as a “pro-prosecution” policy. This means the State Attorney’s Office may pursue domestic violence charges even when the victim does not want to cooperate. In fact, prosecutors are often trained to assume that some victims may be afraid, coerced, or pressured into dropping the charges.

So, a person could still face trial, conviction, and sentencing, even jail time, without the victim ever testifying.

When Charges Can Be Dropped

There are situations where charges may be dropped, but it’s not just because the victim asks for it. A prosecutor might decide to drop a case if:

• There’s insufficient evidence to prove guilt beyond a reasonable doubt
• Key witnesses are unavailable or unwilling to testify, and their testimony is essential
• There were issues with how the evidence was obtained (like unlawful searches)
• The facts don’t support the elements of the crime

Having a skilled criminal defense attorney can also help challenge the evidence, file pretrial motions, or negotiate with prosecutors to have charges reduced or dismissed.

What You Should Do If You’re Facing Charges

If you’re facing criminal charges and the alleged victim doesn’t want to move forward, do not assume the case is over. You still need legal representation. The state has attorneys and investigators working to build a case; you need someone on your side doing the same. A good defense lawyer can:

• Evaluate the strength of the prosecution’s case
• Determine if the victim’s lack of cooperation weakens it significantly
• File motions to suppress evidence or statements
• Advocate for dismissal or reduced charges
• Represent your interests in court or plea negotiations
  

Contact a Criminal Defense Attorney Today

The idea that “the victim can drop the charges” is a persistent myth. While the victim’s wishes matter and can influence a case, they do not control the outcome. Once the state files charges, it’s up to the prosecutor to decide whether the case continues, not the victim.

If you’re dealing with criminal charges in Miami and unsure how the legal process will unfold, it’s important to get informed and protected. Russell A. Spatz of the Spatz Law Firm, P.L., in Miami, Florida, has decades of experience handling serious criminal cases. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.

If you’ve been charged with a crime in Florida, one of the first formal steps in your case is the arraignment. It may sound intimidating, but an arraignment is simply a hearing where the court officially informs you of the charges against you and asks how you wish to plead. It’s a crucial step, and knowing what to expect can help you approach it with clarity and confidence.

What Is an Arraignment?

In Florida, the arraignment typically takes place shortly after your arrest and initial appearance, usually within a few weeks. It’s not a trial. No witnesses are called, and no evidence is presented. The purpose is procedural: to ensure you understand the charges and to enter your plea.

What to Expect at the Arraignment

At the arraignment, the judge formally begins the criminal court process. Although it may seem procedural, this hearing plays a critical role in setting the stage for how your case will move forward. Here’s a step-by-step breakdown of what typically happens:

1. The Court Confirms Your Identity

The judge will begin by confirming who you are. This includes asking your name, checking your information against court records, and ensuring that you’re the person named in the criminal complaint or charging document. This step may seem routine, but it’s essential for procedural accuracy.

2. Formal Reading of the Charges

Next, the prosecutor or the judge will read out the formal criminal charges being filed against you. This could be anything from a misdemeanor, like petty theft, to a felony, such as aggravated assault. The charges come from the arrest report and any investigation that followed.

In some cases, the charges may differ slightly from those listed at the time of arrest. This happens if the prosecutor decides to modify them after reviewing the evidence.

3. Notification of Your Rights

The judge will then explain your constitutional rights. This includes your right to:

• Remain silent
• Have an attorney (and have one appointed if you cannot afford one)
• A speedy trial
• Be presumed innocent unless proven guilty beyond a reasonable doubt

This ensures you are fully aware of your legal protections before entering any plea.

4. Entry of a Plea

After you’re informed of the charges and your rights, the judge will ask how you wish to plead. You generally have three options:

• Not Guilty: This means you deny the charges and want to move forward to trial or further legal proceedings.
• Guilty: You admit to the offense. The case can then proceed directly to sentencing, sometimes that same day.
• No Contest (Nolo Contendere): You don’t admit guilt, but also do not dispute the charges. This plea can still result in a conviction, but in some cases, it may not be used against you in a civil lawsuit related to the same incident.

Important: Your plea should never be made lightly. An experienced attorney can evaluate the strength of the case against you and help determine the best course of action, especially if the prosecution is open to negotiations or diversion programs.

5. Setting Future Dates

If you plead not guilty, the court will then set future dates for upcoming proceedings, such as a pretrial conference, motion hearings, or even a trial date. Bail or bond conditions may also be reviewed or adjusted during this hearing, depending on the circumstances.

In felony cases, the arraignment often follows a prior “first appearance” (usually within 24 hours of arrest), where initial bail is set. However, the arraignment remains a key point for entering your plea and beginning the formal defense process.

Should You Have an Attorney at Your Arraignment?

Absolutely. While an arraignment may seem routine, having a criminal defense attorney by your side can make a significant difference. Your lawyer can:

• Advise you on how to plead based on the specifics of your case.
• Challenge the legality of the charges, if appropriate.
• Negotiate with the prosecutor beforehand; sometimes charges can even be reduced or dismissed before arraignment.
• Waive your appearance, in certain misdemeanor cases, allowing your attorney to appear on your behalf so you don’t have to attend in person. 

What If You Miss Your Arraignment?

Failing to appear at your arraignment can have serious consequences. The judge may issue a bench warrant for your arrest, and it could hurt your chances for bail or leniency later in the process. If something comes up that prevents you from attending, your attorney may be able to reschedule or appear on your behalf, but this must be handled in advance.

Contact a Criminal Defense Attorney Today

An arraignment might seem like just a formality, but it sets the tone for your entire case. It’s your first official appearance in the courtroom as a defendant, and what happens there can influence everything that follows. Having experienced legal representation ensures that your rights are protected and that your defense begins on a strong footing from day one.

If you’ve been arrested or received a notice to appear in court, don’t wait. Criminal defense lawyer Russell A. Spatz of the Spatz Law Firm, P.L., in Miami, Florida, has decades of experience handling serious criminal cases. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.

Defendants in criminal cases typically have four options for resolving their case if the charges are not dismissed:

1. Plea negotiation, where the defendant agrees to plead guilty (or no contest) to one or more charges in exchange for a concession from the prosecution.
2. Plead guilty/no contest with an agreed-upon disposition (outcome).
3. Plead guilty/no contest without an agreed-upon disposition. The State and the defense present arguments for the appropriate sentence, which the court will decide upon.
4. Proceed to a trial, where a judge or jury will decide guilt or innocence and, if convicted, a sentence will be imposed.

In Maine, a fifth option is deferred disposition. Let’s take a look at what this is, who it may be available to, and how it works in practice across the state.

How Deferred Disposition Works in Maine

Deferred disposition is an alternative sentencing option available to some defendants in Maine. As with plea bargaining, this option requires agreement from the State before it can proceed.

With deferred disposition, the prosecutor and the defendant sign a legally binding deferred disposition agreement, which acts like a contract outlining the responsibilities of each party.

The defendant then enters a guilty plea but the court does not impose a sentence. Consequently, this is not regarded as a conviction. In Maine, a conviction is registered after the sentence is imposed.

After the guilty plea is entered, the court postpones the final disposition of the case for a predetermined period, typically six months to one year, but sometimes longer.

If the defendant successfully meets all obligations, as stated in the deferred disposition agreement, the charges against the defendant will be dismissed or reduced at the end of the designated period. In most cases, successful compliance with the conditions results in the defendant having no conviction or criminal record.

However, with deferred disposition, the State can find defendants guilty of the original charges if they fail to comply with the conditions. This guilty verdict cannot be appealed.

Who Qualifies for Deferred Disposition?

Deferred disposition is more likely to be an option for first-time offenders or young people accused of certain misdemeanor offenses, such as shoplifting, trespassing, low-level domestic violence cases, underage possession of alcohol, low-level drug offenses, prostitution, or the destruction of property.

This type of alternative sentence may also be an option where the State’s case is particularly weak or the defendant has taken active steps to address the underlying issue that led to the alleged criminal behavior.

Many times, deferred disposition is an option for people with mental health problems or addiction issues that would not be resolved by spending time in jail.

What is the Difference Between Probation and Deferred Disposition in Maine?

At first glance, deferred disposition and probation are almost identical. Indeed, deferred disposition can be considered a form of probation.

The main difference is that deferred disposition is a plea agreement offered to a defendant before a criminal case is resolved, while probation is a criminal penalty imposed after a conviction, preventing imprisonment.

There are also key differences with the conditions imposed.

Conditions of Deferred Disposition vs Probation

Below is an overview of the types of conditions imposed in deferred disposition agreements compared with those imposed by a judge for probation.

Conditions of Deferred Disposition

Typically, the defendant is required to perform community service, maintain employment or schooling, attend counseling, complete a substance abuse evaluation, receive appropriate treatment like anger management, pay restitution to the victim, pay monthly court fees, etc. These conditions vary based on the charges filed.

Conditions of Probation

With probation, a judge can order a wide range of requirements, including:

• Regular meetings with the probation officer.
• Maintaining adequate employment.
• Refraining from alcohol or drugs.
• Not possessing firearms.
• Not committing any other criminal offense.
• Remaining within state lines unless prior permission is sought and received.
• Submitting to random alcohol and drug testing.
• Paying restitution to the victims of the crime.
• Attending court hearings.

Modification of Deferred Disposition Requirements

According to the Maine Legislature, deferred disposition agreements may be modified during the period of deferment if the person granted deferred disposition applies for a modification or by court motion.

A hearing may be held, after which the court may modify the conditions imposed on the defendant, either adding further requirements or relieving any conditions that, in the court’s opinion, impose an unreasonable burden on the individual.

Deferred Disposition May be an Option Depending on Where You Live

The judicial system in Maine exhibits several disparities between counties—and the handling of deferred disposition cases is a good example of inconsistencies in the system from one county to another.

Some counties put greater resources into supporting people who are prepared to admit to a crime for a chance to avoid a criminal record, especially young people and first-time offenders who have committed relatively minor crimes. With the Maine courts overloaded with cases and the prisons dealing with high populations, the benefits of this for the State, as well as the accused, are clear.

Cumberland County, for example, has handled many thousands of deferred disposition cases in the past 20 years since they began the practice, with over 80 percent of cases complying with the conditions imposed.

However, in other counties, deferred dispositions are much less common, highlighting an inconsistency in how criminal cases are handled statewide. Much of the lower uptake of deferred disposition cases is due to a lack of funding in some counties to adequately monitor, track, and support the offender during the deferred disposition period.

Your chances of being offered deferred disposition vary according not only to your age, criminal record, and the charges you face, but also where in Maine you live or are charged. This should be discussed with a qualified criminal defense lawyer as part of your defense strategy.

For experienced legal help and support with any criminal charge, call The Maine Criminal Defense Group or contact us directly online for an initial case evaluation.

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