Can a victim "drop the charges" against you?

I often have clients approach me with the question "can't the victim just drop the charges against me?"  The short and simple answer is NO.  The victim cannot drop the charges against you.  The State of Nebraska is the decision maker when it comes to prosecuting crimes.  Only the state has the authority to dismiss or “drop” charges.   If a victim does not want to see you prosecuted and they are unwilling to testify against you, it can certainly assist your case.  A reluctant alleged victim may cause the prosecutor to offer a better plea bargain or even dismiss the charges entirely.  However, you should never try to contact a victim in an effort to convince them not to testify against you.  Doing so could get you charged with witness tampering which is a felony in Nebraska punishable by up to 5 years in prison.  Instead you should let your attorney interview the witness, if necessary, in order to determine what their likely testimony will be.