Can Victims Sue if Criminal Charges Are Dropped?

It can feel like being the victim of another offense when a prosecutor drops criminal charges against someone who harmed you. While you can’t force the state to reopen the criminal case, you’re not powerless. Victims have important rights and options outside of the criminal prosecution, including the ability to file a civil lawsuit for financial damages and seek aid from state victim compensation programs.

When the criminal justice system doesn’t proceed, you have two main avenues to seek justice and support for the harm you suffered. Let’s examine each one.

Option 1: File a Civil Lawsuit

In a criminal case, the state files charges on behalf of the public. Its purpose is to protect public safety. To get a conviction, the prosecutor must prove their case beyond a reasonable doubt.

A civil action is different. One person files it against another, such as “John Doe, plaintiff vs. Fred Smith, defendant.” Its purpose is to redress a personal wrong, usually with monetary damages.

In a civil lawsuit, you bear the burden of proving your claim. The standard of proof is lower than what the prosecution must prove in a criminal case. You only need to show it is more likely than not that the defendant caused your harm. This “preponderance of the evidence” standard means you can file a civil lawsuit for any monetary harm done to you, including emotional trauma and pain and suffering, and potentially win even if the criminal case failed. A personal injury attorney who specializes in these cases can give you advice on how to proceed.

Example: A Drunk Driving Accident

Let’s look at an example. Imagine a drunk driver runs a red light and crashes into your car, leaving you with serious injuries and a totaled vehicle.

The police arrive, see the other driver is intoxicated, and arrest them for driving under the influence (DUI). The prosecutor files criminal charges. However, during pretrial motions, the defense attorney proves that the breathalyzer machine used at the scene was not calibrated correctly. A judge rules that the breathalyzer evidence is inadmissible.

Without that key piece of evidence, the prosecutor believes they can no longer prove the case beyond a reasonable doubt and must dismiss the DUI charge. The drunk driver walks away with no criminal conviction.

You’re now left with significant medical bills, have lost income from being unable to work, and need to replace your car. In this situation, you can file a civil lawsuit against the driver for negligence.

In your civil case, your attorney doesn’t need to prove the case beyond a reasonable doubt. They only need to show by a preponderance of the evidence that the other driver’s actions caused your injuries. This includes evidence that might not have been central to the criminal case, such as:

• Testimony from a witness who saw the driver stumbling out of their car
• Police reports describing the driver’s slurred speech and the smell of alcohol
• A credit card receipt from a nearby bar showing the driver purchased multiple alcoholic drinks just before the crash

The civil jury weighs this evidence and concludes it is more likely than not that the driver was intoxicated and at fault. They order the driver to pay you damages for your medical expenses, lost wages, property damage, and pain and suffering. Although the driver escaped a criminal penalty, they are still financially accountable for the harm they caused through the personal injury lawsuit.

Wrongful Death Claims

If a victim dies as a result of a criminal act, their surviving family members may be able to file a specific type of civil lawsuit called a wrongful death claim. This is an option even if criminal charges like manslaughter or murder were dropped, or if the defendant was acquitted in criminal court.

To see how this applies in the most tragic cases, let’s modify our drunk driving example. Imagine the driver hit a pedestrian who died at the scene. The pedestrian’s family can file a wrongful death lawsuit.

In a wrongful death lawsuit, the family can seek compensation for damages such as funeral and burial expenses, the loss of the victim’s future income, and the loss of companionship. If they can prove the case involved particularly reckless driving, they may even be able to recover punitive damages. Unlike compensatory damages, which aim to make the plaintiff “whole,” punitive damages aim to punish the defendant and deter a repeat of their behavior. Like other personal injury claims, the standard of proof is a preponderance of the evidence, not the stricter “beyond a reasonable doubt” standard required for a criminal conviction.

Option 2: Apply for Victim Compensation

All states have victim compensation programs. These state and federally funded programs provide financial assistance to crime victims for costs not covered by insurance or restitution. They may provide, among other things:

• Medical care for injuries related to the crime
• Mental health services for victims and eligible family members
• Income reimbursement
• Funeral and burial expenses in cases of homicide
• Relocation and security costs for victim and family safety

Programs differ by state. To qualify, the crime must be reported within a certain timeframe, and victims must cooperate with any investigation and trial.

Understanding Your Rights in the Criminal Case

Even when a case is dismissed, victims still have certain rights. These include being notified of the defendant’s release and the right to request a protective order if you believe you may be in danger.

You can also find out why the charges were dismissed. A victim advocate can ask the District Attorney’s office to explain its reasoning and if new evidence or additional witness statements could help reopen the case.

Why Do Prosecutors Drop Charges?

Only the district attorney’s office can file or drop criminal charges. Once a defendant has been arrested, the case is out of the victim’s hands.

Although the terms are used interchangeably, dropping and dismissing charges are different things. Charges are dropped after arrest and before trial. A judge or prosecutor may dismiss charges before or during trial for several reasons, including:

• Lack of evidence: If the prosecutor decides there is insufficient evidence to support the case, they will dismiss all or some of the charges
• Unreliable or unavailable witnesses: If a prosecutor feels that witness testimony will not support the case, they may dismiss it
• Constitutional rights violations: If police violated the defendant’s Fourth Amendment rights during the arrest, or if evidence was improperly obtained (“fruit of the poisonous tree”), the prosecutor may need to dismiss the case
• Plea agreements: If a defendant agrees to a plea bargain, other charges may be dropped or dismissed under the terms of the agreement

If the charges are dropped “with prejudice,” the prosecutor can’t attempt to use them against the defendant again.

Can Charges Be Reinstated?

In some cases, yes. A dismissal known as a nolle prosequi means the case is dismissed “without prejudice.” This allows the prosecutor to file the case again within the crime’s statute of limitations. Felonies can have statutes of limitations of three to six years, and serious felonies like murder may have no limit.

If you discover additional evidence after a case is dismissed, your best first step is to contact a criminal law attorney. While you can go to the police directly, an attorney who understands criminal procedure can be a powerful advocate. They can help you organize the new evidence and formally present it to the district attorney’s office in a way that is most likely to be taken seriously. This professional approach can make a significant difference in whether a prosecutor decides to reopen a case

Explore Your Civil Options With a Personal Injury Lawyer

Even if a criminal case doesn’t move forward, you still have the right to seek justice through the civil court system. Civil claims can hold the person who harmed you accountable and provide financial compensation for medical bills, lost wages, and emotional distress. A personal injury attorney experienced with cases stemming from criminal acts can evaluate your situation and advise you on the best path forward.