That happened in the Don Adams case in Philly - where Lynn Abraham charged him with assaulting the fists of Teamsters with his face. She took it to trial. The judge laughed it out of the courtroom. Lynn Abraham, however, is still Philly DA, which doesn't give me much hope that justice will be served on Nifong.
If he doesn't take it to court it will be because he works it out with the accuser to drop it due to so much stress for her. They both know there is no criminal case. I wonder if she could possibly come up with some kind of a civil case with bucks involved? Well, an attorney might know. I am no attorney.