Can a Victim Sue the Prosecutor for Dropping Your Case?

By: John Guidry

Usually, I am excited to tell you all about what is happening in Florida’s criminal justice system. Today is slightly different. We are looking at a civil case.

As a general rule, civil cases are pretty boring—so boring that some of you might not even make it to the next sentence. But believe it or not, the case of Barnett v. Antonacci, 122 So. 3d 400 (Fla. 4th DCA 2013), is fascinating because it answers a critical question: Who is really in charge of a criminal case?

If a prosecutor drops charges against you, can the alleged victim sue to force them to refile?

Has a prosecutor dropped your charges, but the accuser won’t let it go?

The law protects the State’s decision to dismiss. Call John today at (407) 423-1117.

The Legal Breakdown: Barnett v. Antonacci

Here is the scenario. In 2012, a defendant named Chris Blane was charged with fraud and grand theft. Barnett was the alleged victim.

• The Drop: The prosecutor eventually filed a nolle pros (a fancy legal term for “dropping charges”) on all counts.
• The Lawsuit: The victim, Barnett, was furious. He was never told the charges were being dropped. So, he sued the State Attorney (Antonacci).
• The Goal: The victim wanted the court to set aside the nolle pros and appoint a special prosecutor to pursue the charges against Blane.

The Argument: Barnett argued that the Florida Constitution (Article I, Section 16(b)) guarantees victims the right “to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings.” He claimed that because he wasn’t notified, the dismissal was illegal.

The Ruling: The appeals court denied the lawsuit. Why? Because of Separation of Powers (think back to 6th-grade civics).

• Executive Branch: Prosecutors are part of the Executive branch. They decide who to charge and when to drop charges.
• Judicial Branch: Judges are the Judicial branch. They handle the trial, but they have no business telling the Executive branch which lawsuits to file.

The court noted that Barnett’s interpretation would lead to an absurd result where a victim would have the right to be present inside the prosecutor’s office while they make decisions. The “right to be heard” means the right to be heard by a judge, not to micromanage the prosecutor.

John’s Takeaways

This ruling is a major shield for defendants in Orange and Seminole County. Victims often try to bully prosecutors into pursuing weak cases, but this case confirms they don’t have the final say.

• The “Nolle Pros” is Absolute: A prosecutor has the unilateral power to drop a case. They do not need the victim’s permission, and they do not need the judge’s permission. Once it is dropped, it is dropped.
• Victims Can’t Veto You: While victims have rights to be informed, they cannot force the State to prosecute you. If the evidence is weak or the prosecutor decides it isn’t worth pursuing, the victim can’t sue to force a trial.
• Separation of Powers Matters: A judge cannot force a prosecutor to file charges. This protects you from judicial overreach. The judge is there to be a neutral referee, not a second prosecutor.

Justice Demands Discretion

It is a noble and difficult decision for a prosecutor to drop a case. Justice often demands that charges be dropped, but prosecutors can get intimidated by angry victims. Hats off to the prosecutor in this case who did the right thing—even if it meant getting sued for it.

If you are facing charges and the victim is pressuring the State to treat you unfairly, we need to ensure the prosecutor sees the real evidence.

Call me at (407) 423-1117. Let’s defend your case.

About 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.