When the Alleged Victim Declines to Press Charges in Wisconsin

 Posted on July 29, 2025 in Criminal Defense

Many people believe that if an alleged victim declines to press charges, the case will be dismissed. This is especially true in domestic violence cases, but it can be true in many other types of crimes as well. In Wisconsin, that is simply not how the law works. Once law enforcement is involved in a case, the state – not the alleged victim – decides whether to move forward with criminal charges.

The reason this is common in domestic violence charges is that emotions run high in these cases, and stories can change overnight. Victims often later wish to recant and are surprised and dismayed to find out that it is not an option. So, what happens when an alleged victim asks law enforcement to drop the charges against the defendant?

If you are facing allegations of a criminal offense and the alleged victim or victims have asked that the charges be dropped, do not celebrate just yet. You need solid legal advice from a knowledgeable Racine County, WI criminal defense lawyer.

Who Files Charges in Wisconsin and Why the State May Move Forward Without the Victim’s Agreement

While victim statements certainly influence a case, they do not control it. The district attorney (or a grand jury) decides whether charges will be filed in any given case. If a victim who originally called the police changes their mind and refuses to testify, that decision can certainly weaken the case and potentially cause the charges to be dropped.

However, if there is sufficient evidence aside from the victim’s testimony, in the form of witness accounts, physical evidence, and police reports, the state can move forward with a criminal prosecution. The state can and does proceed with criminal charges, even with limited or reluctant cooperation from the victim. This means that the victim cannot simply "drop the charges."

Once charges are filed, only the District Attorney has the authority to dismiss them. The victim is allowed to submit a statement or affidavit requesting that the court consider dismissing the charges, but that does not guarantee the DA will do so. Furthermore, victims can be subpoenaed to testify, and in some cases, refusal may have legal consequences.

What Happens When Alleged Victims Refuse to Testify?

Prosecutors can rely on 911 calls, police bodycam footage, and witness testimony, and in some cases, out-of-court statements by the alleged victim may be admitted under hearsay exceptions. Of course, if the alleged victim’s testimony made up the bulk of the case, and the victim refuses to testify, the charges may be dropped, but this is not common.

One of the reasons the state moves ahead with charges even when the alleged victim recants is that, in some cases, a retraction may be coerced or unreliable. A defense attorney can use a victim’s refusal to testify to challenge the strength of the prosecution’s case. The defense attorney may build a defense based on insufficient evidence, lack of cooperation, or due process arguments.

Contact a Jefferson County, WI Criminal Defense Lawyer

Even if the alleged victim wants to walk away and forget the entire thing ever happened, the state of Wisconsin can move forward with the case, so do not assume the situation will resolve itself simply because the person who called the police has recanted. A Milwaukee County, WI criminal defense attorney from Bucher Law Group, LLC can determine whether the DA has sufficient evidence to move forward with the charges and begin building a strong defense.

Attorney Bucher spent 20 years as the Waukesha County District Attorney, which affords him a different perspective on the criminal justice system and benefits his clients. Attorney Bucher has litigated some of the most complex, high-profile criminal cases in the state of Wisconsin, handling dozens of homicides, hundreds of DUIs, and thousands of serious drug cases. To schedule your free consultation, call 262-303-4916.