criminal-law prosecutorial-discretion criminal-procedure
Can the state change its mind about dropping charges?
<p>If a person is indicted on criminal charges, but before trial the state decides to "drop the charges," can the state later bring the same charges?</p>

<p>I'm actually not even certain what formal actions might be referred to as "dropping charges" after an indictment.  E.g., does the prosecution file a motion to "withdraw?"  Can a consent decree with the defense halt the case?  Can or do any of these actions prejudice the case?  Perhaps an enumeration of the possible mechanisms would be helpful (as well as the consequences for future prosecutions in each scenario).</p>

<p>In the United States, jeopardy attaches to a criminal trial when a jury is empanelled, the first witness is sworn in or guilty plea is accepted.  Before that point the prosecution can dismiss the case without prejudice, allowing for charges to be brought again.  After that point the prosecution can only dismiss the case with prejudice, effectively resulting in an acquittal and preventing a new trial on the same charges or charges based on the same facts.</p>

<p><a href="/questions/tagged/new-zealand" class="post-tag" title="show questions tagged &#39;new-zealand&#39;" rel="tag">new-zealand</a></p>

<blockquote>
  <p><a href="http://www.legislation.govt.nz/act/public/2011/0081/latest/DLM3360236.html" rel="nofollow noreferrer">146 Withdrawal of charge</a></p>
  
  <p>(1) The prosecutor may, with the leave of the court, withdraw a charge
  before the trial.</p>
  
  <p>(2) The withdrawal of a charge under this section is not a bar to any
  other proceeding in the same matter.</p>
  
  <p>(3) A Registrar may, in respect of any offence other than a category 4
  offence, exercise the power under subsection (1) if the defendant
  consents to the prosecutor withdrawing the charge.</p>
</blockquote>

<p>So,</p>

<blockquote>
  <p>If a person is indicted on criminal charges, but before trial the
  state decides to "drop the charges," can the state later bring the
  same charges?</p>
</blockquote>

<p>Yes it can (and not only the state, <em>anyone can</em> as private prosecution is allowed — unless that is seen as abuse of process). Double jeopardy defence only works if previous charges have evolved to acquittal/conviction. If they were dropped (withdrawn) before entering that stage, new charges can be laid again.</p>

<blockquote>
  <p>does the prosecution file a motion to "withdraw?" Can a consent decree
  with the defense stop halt the case?</p>
</blockquote>

<p>Yes, a formal application to withdraw is required. Unless the defendant consents to withdraw and it is not category 4 offence, approval by judge is needed.</p>
