Criminal Charges

• A criminal charge is the formal declaration from the state that a person is suspected of committing a crime. Charges are filed only when a prosecutor believes he has a reasonable likelihood of conviction.
  
  

Prosecutorial Discretion

• Only the prosecutor has final say on filing charges. The prosecutor has unfettered discretion when determining whether to file changes and what kind should be filed.
  
  

Victim's Rights

• Contrary to popular belief, victims do not have right to file charges. By pressing charges, a victim is letting the prosecutor know that she wants the charges filed and is willing to proceed with the case, but the decision still rests with the prosecutor. Prosecutors can file in cases where the victim wants charges dropped, and can refuse to file in cases where the victim wants to proceed.
  
  

Who is the Victim

• Under the American criminal justice system, the "victim" is actually the state. The prosecutor is representing the entire citizenry, and ultimately must make the decision as to what is best for everyone, not just the individual victim.
  
  

Law Enforcement Input

• In addition to the victim, law enforcement officers are also allowed to state whether they think charges should be filed. Again, while the prosecutor takes that opinion under advisement, only he has final say.
  
  

Other Courntries

• A variety of other countries do allow victims to bring charges if the prosecutor declines. Germany will allow victims to file charges if the prosecutor refuses, and almost all criminal actions in Saudi Arabia are brought by the victim.