Will My Case Be Dropped if the Victim Signs a “Declination of Prosecution”?

By: John Guidry

If there was ever a damaging urban myth in the criminal justice system, it’s the one surrounding the “Declination of Prosecution,” also known as a “Drop Charge Affidavit.” This is a fancy term for a sworn, notarized document where an alleged victim states they no longer want to press charges.

Many people believe that signing this piece of paper will make their case automatically disappear. This is dangerously false.

A prosecutor won’t laugh when they see a simple drop charge form, but they also don’t really care. They can—and often do—convict people of crimes like battery domestic violence without any cooperation from the victim. The myth that the case will just “go away” is one of the most harmful I’ve seen in my 32 years of defending clients.

Need to Get a Domestic Violence Charge Dropped in Orlando? A simple form isn’t enough. You need a strategy to tell the rest of the story. Call my office to discuss the right way to do it. Call John Guidry: (407) 423-1117

How to Make a Witness Statement Powerful and Effective

I know you’re reading an article from an attorney, and it sounds like a barber telling you that you need a haircut, but it is absolutely true: for this document to have any real impact, it must be drafted with the help of a lawyer.

A powerful statement isn’t about what the victim wants; it’s about providing new facts and context that legally undermine the prosecutor’s case.

It starts with that moment when the alleged victim reads the police report and gets a pit in their stomach, thinking, “I said that?! That’s not how it happened! I had a lot to drink.” That impulse to set the record straight is where the real defense begins. The goal is to provide the bigger picture that the police report left out. It’s like the ending of the movie The Sixth Sense—we want to provide a final piece of information that makes the prosecutor re-evaluate everything they thought they knew about the case.

WARNING: Do NOT Do This at Your Kitchen Table

This is the most critical advice I can give: an alleged victim should never attempt to “correct the record” on their own.

If you write a sworn statement contradicting your initial report to the police, you could be arrested and charged with serious crimes like Filing a False Police Report or Perjury. There are many ways to go to jail for trying to “help” in the wrong way.

Don’t do this alone. When you hire legal counsel, we can help the witness craft a statement that tells the whole, truthful story in a way that is both legally effective and, most importantly, safe for them. We can spoil the prosecutor’s case without creating a new one for the victim.

My name is John Guidry. If your case is in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, call my office. Let’s talk about how to present the full picture and give your case the best chance of being dismissed.

If you’ve reached that point where you need to stop reading, but you want to learn more about declinations of prosecution in Central Florida, please check out my video “How to Get a Battery Domestic Violence Dropped.”

About the Author, John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.