FAQ 06: The victim wants to drop charges, what happens now?
If the person that called the police, let’s say in a domestic violence case or any type of crime where the victim calls the police, them changing their mind and not wanting to go forward, does not necessarily mean that those charges are going to go away. Ultimately in a state case it’s the State of Florida, they’re the ones that decide, it’s their case. They get to say if they want to move forward even if the person doesn’t want to prosecute.
In most cases, even if that person doesn’t want to prosecute, they can sign non-prosecution affidavits, there’s a lot they can do to make it known to the state that they don’t want to go forward. Ultimately though it is the state to decide if they are going to prosecute. You will be released from custody if there are no other holds. Let’s say you have a case and you are in custody because of that one case, if that case happens to be dismissed you will be released forthwith as the language of the statute says.