If you’ve been involved in an incident—especially something like a domestic dispute, assault, or altercation—you might hear someone say, “the state picked up the case.” But what does that really mean? And more importantly, is it bad if the state picks up the case? In short: yes, it usually is. Here’s what it means, why it matters, and what you should do if it happens to you.
What Does It Mean When the State Picks Up the Case?
When someone asks, “is it bad if the state picks up the case?”, they’re usually referring to a criminal case where the State’s Attorney’s Office (the prosecutor) has decided to move forward with charges, even if the alleged victim doesn’t want to press charges or cooperate.
This is common in domestic violence cases, but it can also happen in assault, theft, DUI, and other criminal cases. Essentially, the state is saying, “We don’t need the victim to push this—we’ve got enough evidence to prosecute without them.”
The Role of the Prosecutor
In Maryland, as in most states, criminal cases are prosecuted by the State’s Attorney, not the victim. That means the power to bring charges and take a case to court lies with the state. So even if the victim says they want to “drop the charges,” the prosecutor can continue anyway. This happens frequently when law enforcement believes there is enough independent evidence—like police body camera footage, 911 calls, witness statements, or medical records—to prove a crime occurred.
Why Is It Bad If the State Picks Up the Case?
If you’re wondering, “is it bad if the state picks up the case?”—the answer is yes, because it takes the situation out of your control. Here’s why that’s a serious development:
1. You Face Formal Criminal Charges
When the state picks up a case, they are treating it as a criminal matter that warrants prosecution. That means:
- You will be formally charged with a crime
- You may be arrested or summoned to appear in court
- The case proceeds even without the victim’s cooperation
2. You Can’t Rely on the Victim to Drop the Charges
Many people mistakenly believe that if the alleged victim doesn’t want to press charges, the case will go away. That’s not how it works in Maryland. Once the state takes over, the victim’s wishes may not matter. Even if the victim recants or refuses to testify, the prosecutor may use other evidence to move forward.
3. Penalties Can Be Severe
Depending on the charges, you could be facing:
- Jail or prison time
- Probation
- Fines
- A permanent criminal record
- Loss of professional licenses
- Immigration consequences (for non-citizens)
The fact that the state has decided to prosecute usually means they believe they can get a conviction.
4. Evidence May Be Stronger Than You Think
Prosecutors often rely on what’s called “evidence-based prosecution.” That means they can build a case using:
- 911 call recordings
- Police body cam footage
- Photographs of injuries or damage
- Statements made at the scene
- Medical records
- Independent witnesses
Even if the victim changes their story, this evidence can be used in court.
What Should You Do If the State Picks Up Your Case?
If you’re asking yourself, “is it bad if the state picks up the case?”, the next question should be: What do I do now? Here’s what you need to know:
1. Get a Criminal Defense Lawyer Immediately
This is not the time to wait and see what happens. A skilled criminal defense attorney can:
- Review the state’s evidence
- Challenge the legality of how the case was handled
- File motions to suppress damaging evidence
- Negotiate for reduced charges or dismissal
- Represent you in court
2. Do Not Contact the Victim
If there is a no-contact order or protective order in place, contacting the victim can lead to additional charges—even if they’re the one who initiates contact. Always go through your attorney.
3. Protect Your Rights and Reputation
Being the subject of a criminal case can affect your job, your family, and your future. Your lawyer can help you develop a defense strategy that minimizes the damage and protects your long-term interests.
Final Thoughts
So, is it bad if the state picks up the case? Absolutely. It means the case is out of your hands and in the control of a government prosecutor who may aggressively pursue a conviction, even without the victim’s support. The stakes are high, and your future could be on the line.
If you or a loved one is facing a criminal charge in Southern Maryland—especially in Prince George’s, Charles, St. Mary’s, or Calvert County—you need a local defense attorney who understands how state prosecutors handle these cases. Don’t try to handle it alone.
Contact Southern Maryland Criminal Defense today to schedule a confidential consultation and get the help you need to protect your future.
