By James Abrenio, Fairfax Virginia Criminal Defense Attorney
January 16, 2026
One of the most common questions I get from people facing criminal charges in Virginia goes something like this:
“James, this charge is ridiculous. Can’t we just get it dropped? Do I really have to go to court?”
I hear this question in assault cases, domestic violence cases, traffic matters, and just about every other type of criminal case you can imagine. Often, the caller tells me that the complaining witness has already said they don’t want to move forward, or that everyone involved agrees the situation has been blown out of proportion.
Unfortunately, that’s not how the criminal justice system works in Virginia.
Below, I want to explain why—using actual Virginia legal authority—so you understand the process, your rights, and why court involvement is almost always unavoidable.
The Short Answer: No, Charges Cannot Simply Be “Dropped”
In Virginia, once a criminal charge is issued—whether by warrant or summons—there is no authority for police officers or prosecutors to simply make it disappear. The case must go to court.
This surprises a lot of people, especially those who are familiar with how things may work in other states. But Virginia takes a more rigid, court-centered approach to criminal charges.
To understand why, we need to look at guidance from the Virginia Attorney General.
The Virginia Attorney General’s Legal Opinion (03-025)
In 2003, the Virginia Attorney General issued Legal Opinion 03-025, responding to questions from a Richmond General District Court judge. The opinion addressed a very specific—and very common—set of issues:
- Can a police chief withdraw or dismiss a lawfully issued arrest warrant or summons?
- Can a prosecutor “unarrest” someone?
- Can the Commonwealth’s Attorney dismiss a misdemeanor or felony charge without court approval?
The Attorney General’s answer was clear:
No.
The opinion states that neither police officers nor prosecutors have the unilateral authority to withdraw or dismiss a lawfully issued warrant or summons, nor can they “unarrest” someone once a lawful arrest has occurred. Further, a prosecutor cannot dismiss a criminal charge without showing good cause to the court.
In plain English: only a court has the authority to dispose of a criminal charge.
Why the Court Must Be Involved
Virginia law is structured so that criminal charges are not treated as private disputes between two people. Once a charge is issued, the case belongs to the Commonwealth of Virginia, not the complaining witness.
That’s why:
- A victim cannot simply “drop” charges
- Police officers cannot undo an arrest
- Prosecutors cannot quietly dismiss cases behind the scenes
Everything must happen in open court, with a judge exercising oversight.
Warrants vs. Summons Under Virginia Law
The Attorney General’s opinion relies heavily on specific Virginia statutes, including:
- Virginia Code § 19.2-72, which governs arrest warrants
- Virginia Code § 19.2-73, which governs criminal summonses
An arrest warrant commands that the accused be arrested and brought before a court of appropriate jurisdiction. A summons, typically used in misdemeanor cases, allows the person to remain at liberty—but still requires them to appear in court on a specific date.
Either way, court appearance is mandatory.
Failing to appear can result in additional charges, including a failure to appear warrant under Virginia Code § 19.2-128.
What About a “Nolle-Pross” (Nolle Prosequi)?
Many people have heard that a prosecutor can “nolle-pross” a case—that is, formally decide not to prosecute it. While that can happen, it’s important to understand how it works in Virginia.
Under Virginia Code § 19.2-265.3, a nolle prosequi may be entered only in the discretion of the court, and only upon motion of the Commonwealth with good cause shown.
That means:
- The prosecutor must ask the court
- The prosecutor must show good cause
- The judge must approve the dismissal
Again, the court is the gatekeeper.
Does This Mean You’ll Be Convicted?
No. And this is an important point.
The fact that a case must go to court does not mean:
- You will be convicted
- The case cannot be dismissed later
- The complaining witness cannot recant
- The prosecutor cannot ultimately drop the charge
It simply means the process must be followed.
Are Attorney General Opinions “Law”?
Attorney General legal opinions are not statutes and not binding law in the same way a court decision is. However, they carry significant persuasive weight.
Judges, prosecutors, and attorneys routinely rely on these opinions for guidance when statutes are ambiguous or silent on a specific issue.
In practice, courts take them seriously.
Why You Still Need a Criminal Defense Attorney
If you’ve been charged with a crime in Virginia, trying to handle it yourself is risky. Even seemingly minor charges can have long-term consequences.
Most criminal defense attorneys—including our office—offer free initial consultations. Public Defender offices throughout Northern Virginia also do excellent work and represent thousands of Virginians every year.
You don’t necessarily need me as your attorney—but you do need an attorney.
Final Thoughts
If you’re facing criminal charges in Virginia and are wondering whether they can simply be dropped, now you know the answer:
No—not without court involvement.
If you have questions, disagree with my take, or want to discuss your specific situation, feel free to reach out or leave a comment.
And if you find this information helpful, I encourage you to share it. There’s a lot of misinformation out there, and my goal is to help people understand how the Virginia criminal justice system actually works.
Still have questions?
Make sure to check out our Personal Injury, Medical Malpractice & Criminal Defense Practice Pages where we’ve answered many other questions you likely have. Abrenio Choe is a Personal Injury, Medical Malpractice & Criminal Defense Law Firm representing individuals in Northern Virginia and throughout the Commonwealth. You can learn more about Abrenio Choe by visiting our About Us page. You can also read about some of our Prior Results, and Read Our Reviews. Make sure to contact us at Ph. 703-570-4180 for your Free Consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this does not create an attorney-client relationship. Every case is different, and you should consult a qualified attorney about your specific situation.