Criminal Complaint Withdrawal Form

The structure of a Criminal Complaint Withdrawal Form is not strictly regulated by D.C. law but should contain all core facts of the original case. Here is a list of essential elements to include:

• Case number and charge title
• Full names and identification of both complainant and defendant
• Police precinct name or prosecutor's office
• Brief summary of the original criminal incident
• Explicit statement of the intent to withdraw the complaint
• Date of drafting and the complainant’s handwritten signature

The wording should clearly indicate that the withdrawal is voluntary and uncoerced, ensuring its validity in the eyes of the court. Additionally, it is vital to be precise with the case identifiers to prevent any ambiguity regarding which complaint is being withdrawn.

The submission of a Criminal Complaint Withdrawal Form does not automatically terminate the case. In Washington D.C., the effect depends on whether the alleged crime is a complainant-driven offense or one prosecutable regardless of victim consent. This distinction is critical for understanding the form's ultimate impact.

When the offense is not privately prosecutable (i.e., serious crimes like robbery or felony assault), the withdrawal serves mainly as a mitigating factor at sentencing. The prosecutor maintains full discretion over the continuation or dismissal of the case, even with the submission of a Criminal Complaint Withdrawal Form.

If the police investigation is ongoing, the Criminal Complaint Withdrawal Form should be submitted to the assigned officer or the station commander. Once the case has been referred to the U.S. Attorney’s Office (prosecution stage), the withdrawal must be submitted to the relevant Assistant U.S. Attorney. This ensures the document reaches the authority currently controlling the case file.

Legal Basis: While D.C. statutes do not specify a deadline, the general rule derived from federal and local procedural customs is as follows: Withdrawal is most effective before the formal filing of criminal information or indictment; After filing, prosecutors retain sole discretion to dismiss.

Once a withdrawal is accepted, the complainant typically forfeits the right to refile the same complaint, unless new facts or offenses arise.

Reports already submitted to law enforcement are not automatically deleted by complaint withdrawal. However, complainants may submit a clarification or amendment stating they no longer wish to pursue charges. This supplementary documentation helps clarify the complainant's current stance.

Police may still retain the report for documentation and public safety tracking purposes. Ultimately, prosecutorial discretion determines the outcome, meaning the initial police report remains a permanent record despite the Criminal Complaint Withdrawal Form.

If the defendant directly contacts the complainant to request withdrawal, this may be construed as witness tampering under D.C. Code §22–722. Legal professionals are best positioned to mediate communication safely and lawfully, protecting both parties. It is highly recommended to have a defense attorney or a neutral mediator facilitate the withdrawal process to demonstrate the voluntary nature of the Criminal Complaint Withdrawal Form. The lawyer can submit the form formally with supporting documents, such as a notarized affidavit or evidence of restitution, adding credibility to the submission.

In non-dismissable cases (e.g., felony charges), a properly executed Criminal Complaint Withdrawal Form may still reduce sentencing severity. Judges often consider victim forgiveness as a mitigating factor, reflecting remorse and a possible reduction in future harm. Thus, even if the case proceeds, the withdrawal can play a critical role at plea negotiation or sentencing stages, demonstrating a positive resolution between the parties involved in the initial complaint.