Washington D.C. Criminal Complaint Withdrawal Form

The structure of a 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.

The submission of a criminal complaint withdrawal 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.

Below is a chart showing how certain categories of offenses interact with a withdrawal:
 

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.

In most cases, the complainant’s intent to withdraw follows a private settlement between the parties. For example, in misdemeanor fraud or verbal threats, once restitution or apology is provided, a withdrawal form is submitted to show resolution. However, if coercion is suspected, the prosecutor may decline to accept it.

If the police investigation is ongoing, the 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.

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.

Police may still retain the report for documentation and public safety tracking purposes. Ultimately, prosecutorial discretion determines the outcome.

Unlike complainants who are direct victims, anyone may file a report as a concerned third party (akin to a "citizen informant"). However, these reports, once filed, cannot be “withdrawn” in a legal sense. Only victims hold the standing to affect case outcomes through withdrawal forms.

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.

It is highly recommended to have a defense attorney or a neutral mediator facilitate the withdrawal process. The lawyer can submit the form formally with supporting documents, such as a notarized affidavit or evidence of restitution.

In non-dismissable cases (e.g., felony charges), a properly executed withdrawal form may still reduce sentencing severity. Judges often consider victim forgiveness as a mitigating factor. Thus, even if the case proceeds, the withdrawal can play a critical role at plea negotiation or sentencing stages.