You can't. And that can be a real problem. You may want to contact your husband's lawyer about your desire to drop the charges.
Full Answer
I don't know what got into him but he lost it and ended up slapping me, leaving a bruise on my face. The neighbors heard the commotion, the cops arrived, and my husband was arrested on the grounds of domestic violence. I want the charges dropped because I don't want this to cause an issue with his employment and I think we can work it out.
To seek a dropping of the domestic violence charges, the victim may need to work hard with the defense to supply the necessary counter-argument against neighborhood witnesses. The Case and the Lawyer While the victim may not have the power to drop the charges for domestic violence once the matter progresses to the criminal courts, he or she may seek to make a deal …
Nov 09, 2018 · The attorneys at Sammis Law Firm in Tampa, FL, are often contacted by the person identified as the victim in a domestic violence case with questions about how to drop the charges. Sometimes, the alleged victim wants to hire us to help them through the process so that their wishes are known and their rights are protected at every stage of the case, particularly in …
Dec 26, 2011 · First of all you can't drop charges, only the prosecutor can do that. Secondly, you have the right to refuse to testify if you are the alleged victim. The worst thing you could do is not show up to court because do not have the right to refused to respond to …
Domestic violence cases may start with witnesses in the area contacting local law enforcement. This is often due to violent outbursts, emotional arguments or loud fighting between the two parties. The supposed victim may need to help the defense refute the evidence or witness statements. Testifying on behalf of the defendant, the victim may prove that the situation only involved strong words or broken furniture. If the event involved violence, the victim could have instigated the matter and explain this to the courtroom. Working with the lawyer on the defense team may provide a way to refute other evidence such as bruising or broken bones and hospital or emergency room visits.
If the victim from domestic violence circumstances does not want to press charges or feels there is no need to push forward with a case, he or she may suggest to a lawyer that there is no need for a trial.
If a domestic violence case proceeds through the prosecution, the victim may need to work with the defense in an attempt for the charges to drop. This may prove to the prosecuting lawyer that the victim of the violent behavior will not support the criminal charges or a conviction.
Working with the lawyer on the defense team may provide a way to refute other evidence such as bruising or broken bones and hospital or emergency room visits. By discrediting the statements witnesses supply in a domestic violence case, it is possible that these individuals may have little use or help for the prosecution.
If the victim decides to testify on behalf of the defending party, the case may have little to no standing. Then, the charges may drop with insufficient proof in the matter. These situations rely upon the affected person’s testimony and participation. When he or she does not want to pursue criminal action against the perpetrator, ...
False details may enter the court when the witnesses are neighbors that have no true knowledge of what transpired within the home. To seek a dropping of the domestic violence charges, the victim may need to work hard with the defense to supply the necessary counter-argument against neighborhood witnesses.
While the victim may not have the power to drop the charges for domestic violence once the matter progresses to the criminal courts, he or she may seek to make a deal with the prosecution or the defending lawyer. By explaining the matter and how it should remain a private affair, the individual may help convince the legal parties ...
If you are identified as the alleged victim in a domestic violence case, you have several choices including: proceeding without an attorney while cooperating with the prosecutor or defense attorney; or. hiring your own attorney who can help you decide on the best course of action.
By seeking out your own legal representation, you can often make the best decision about how to proceed. For more information on retaining an attorney, call the domestic violence attorneys in Tampa, FL, at Sammis Law Firm. Call (813) 250-0500.
Because it creates a conflict, one attorney cannot represent both the defendant and the alleged victim. Each person needs their own attorney. Our attorneys have represented both men and women in these types of cases. Keep in mind that this information is not legal advice.
Criminal defense attorneys have very important ethical considerations when representing the victim of a crime. Those ethical considerations are far too complicated to be fully discussed in this article. But the bottom line sometimes the alleged victim needs their own attorney to make sure their interests are protected.
Sometimes, the alleged victim wants to hire us to help them through the process so that their wishes are known and their rights are protected at every stage of the case, particularly in felony domestic violence cases. Because it creates a conflict, one attorney cannot represent both the defendant and the alleged victim.
A criminal defense attorney is often in the best position to explain a victim’s rights and the consequences that might come with any attempt to exercise those rights. For example, a witness in a case might decide to “take the fifth” so that they cannot be prosecuted for making a false police report.
If the defendant is putting pressure on you to drop the charges, that conduct might constitute another crime called “witness tampering.”
In my experience, the best method is to have both spouses go in a united front with a lawyer for the accused to withdraw the charges although some Anger Mgmt. class or other minor concession to the police and ADA may be arranged.
A criminal charge is brought by the prosecuting attorney and can only be dismissed by the prosecutor. If you receive a subpoena to appear in court, you must attend. If you do not want the charge to go forward, you can talk to the prosecutor but your desire is not the controlling issue.
Two possibilities: If they cannot serve you they have to dismiss the case BUT they usually can serve you. Other idea: Go to a lawyer and hire him/her. They can contact the DA and explain your testimony would create 5th amendment problems for you. He/she does not have to discuss what they are BUT implicit in what the lawyer is saying is that some of the statements you made to the cops were not accurate. So if you testify as the police report is written you are perjuring yourself and if you try to explain the report you can be charged with filing a false report. The problem is that DAs take the position that you are not the victim. The People of the State of California are the "victim". What a crock of poop. Anyhow, the above advice is conditioned on the fact that you did make some false statements in the police report. This is quite common when you are frightened and upset. So if you can't do number 1, do number 2. Good luck. Tell hubby if he ever beats you again you will see to it that he is prosecuted and you will be the star witness.
You should hire an attorney. Once your husband, or anyone else, is charged it is not Sue Smith v. John Smith. It is the Commonwealth of Massachusetts vs. John Smith. The significance here is that it is no longer your call what takes place. It is up to the District Attorney's office and they are unlikely to drop the charges unless you somehow assert your privileges against testifying. A lawyer could help you with this, without getting YOU in trouble for failing to appear or failing to cooperate. The DA could even prosecute without your consent or testimony if anyone else saw the incident or if you went for medical treatment. You can always try it without a lawyer first and if they are unwilling to drop the charges, then hire a lawyer. However, be careful. You do not want to change your story either since they could have you charged for filing a false police report if you change your story and say it never happened after saying. If you just do not appear, the court is very unlikely to drop the charges and you could end up with a warrant for YOU to appear.
If you don't cooperate with the prosecution than they might not be able to prove their case without you.
If you are subpoened, you need to appear or risk being found in contempt and going to jail. Technically, it is up to the prosecution to file and drop charges. You can offer your input and your desire to drop the charges, but they can and sometimes do proceed without a victim's consent. Most of the time, however, prosecutors don't like to proceed without the victim's cooperation.
I could give you a detailed answer if I knew all the facts. You can typically file a "drop charge" affidavit at the State Attorney's Office and they then make you take a class or watch a movie on domestic violence. If you are subpoenaed to go to Court and you ignore said subpoena you could be prosecuted for Contempt of Court.
If you're a victim of domestic abuse, contact a lawyer or a victim's advocate to understand how the criminal process works and whether you could be required to testify. For more information, check out Nolo's Resources for Victims of Crime.
Talk to a Lawyer. If you have domestic violence charges pending against you, talk to a criminal defense lawyer. Your lawyer can help assess the strength of the case, give advice, and defend your rights. If you're a victim of domestic abuse, contact a lawyer or a victim's advocate to understand how the criminal process works ...
However, many states have created exceptions to the spousal privilege when one spouse is being tried for committing a crime against the other (such as domestic violence cases). When this exception to the privilege exists, the prosecutor may compel the spouse to testify against the other.
A prosecutor will also consider the defendant's criminal record when deciding whether to continue with a domestic violence prosecution. The defendant's past becomes particularly relevant when the prior convictions are for domestic violence crimes, especially when the prosecutor believes that evidence of these past crimes can be brought to ...
The prosecutor can file charges against the alleged abuser even if the victim recants or refuses to testify. In certain cases, the prosecutor could decide to subpoena the victim and compel them to testify—but having a terrified or hostile victim on the stand isn't always the best approach. And if the victim is a spouse, ...
And if the victim is a spouse, the prosecutor might not be able to compel their testimony due to spousal privilege. If the prosecutor can't rely on having the victim's testimony, they must decide if enough other evidence exists to prove the case beyond a reasonable doubt.
Even if the victim won't testify, police officers and medical professionals may testify as to any injuries they observed on the spouse. In some states, witnesses may testify to statements made by the spouse to police, medical providers, and others.
A third factor that could induce the prosecutor to drop charges may arise if the victim fills out a “drop charge” affidavit. In some minor cases, if the victim does not want to pursue the charges, the State Attorney may decide not to file or proceed on the charges.
Unfortunately, there is no simple answer as it really depends on several important factors. First, it depends on the jurisdiction where the arrest occurred and how aggressive the State Attorney Domestic Violence Unit is in that county.
Second, it depends on what the alleged injuries are in the case and if there has been any history of prior violence including calls to the police or other arrests or disturbances. If the alleged incident involves a push or touching without any injury, the accused may stand a greater chance of getting that case dropped versus a situation where there is an allegation of punching or choking and the victim has bruising or sustained bleeding from the incident.
Finally, the State of Florida may file on some Domestic Violence cases, but offer a Pre-trial Diversion program wherein the defendant has to perform certain obligations such as counseling and community service. In exchange, the prosecutor will drop the charges once the accused has met all of the conditions.
Therefore, it's the State (and in particular, the prosecutor's office) which will decide whether to move forward with the case or drop the domestic violence charges. Keep in mind that even though you aren't the one to bring the criminal charges, you'll have an important role to play as the proceedings advance.
In a criminal case, the abuser has to be proven guilty "beyond a reasonable doubt.". The "reasonable doubt" standard is usually considered about 99 percent. That means the State would have to prove that there is a 99 percent chance that your abuser committed the domestic violence acts. In a civil case, however, ...
The Victim's Role in the Case. Victims have many roles to play as a domestic violence case moves forward. For example, if there's a trial, then you'll probably be required to testify in court against your abuser, but keep in mind that in some states, such as California, you can refuse to testify, though you might have to pay a fine ...
The answer is no. Once the prosecutor's office has issued a domestic violence charge, the victim has no authority to drop the charges.
Domestic violence is a crime. The process behind criminal charges is frequently misunderstood. Most people believe that victims of crime issue the charges. This is wrong. Crimes are governed by the State, and it's the State that issues criminal charges, not the victim. In other words, since you didn't issue the charge, you can't drop the charge.
It's generally not a good idea to recant unless you have actually lied to authorities . Recanting won't necessarily force the State to drop the case, since the state can still prosecute the case using police reports, photographs, and other evidence. Also, if you recant, you could face criminal charges for falsifying information to law enforcement authorities and the court.
You have protection options as well. You can try to get a restraining order against your abuser. Restraining orders can help provide for your safety, especially since some restraining orders will force your abuser to give up his or her guns for the duration. Also, depending on your state, you may be given the option to break your current lease early. If you're afraid of your abuser being released and hurting you again, you should look into this option so that you can find a place to live separately.
Successfully prosecuting a defendant for domestic violence means that the prosecutor must prove each element of the offense by the standard of beyond a reasonable doubt.
A major reason for dropping any criminal case is the insufficiency of the evidence.
If you would like to discuss a pending case with former Los Angeles Prosecutor Diana Aizman please 10 contact the Aizman Law Firm at 818-351-9555 for a free confidential consultation.
A prosecutor may also feel the evidence of a domestic battery is insufficient because the victim’s credibility is suspect 5.
Prosecutors need to make decisions regarding how to file or proceed with a case based on the evidence.
A prosecutor will review any statements made by the defendant and victim. In some cases, a victim will make a verbal statement that is noted by police followed by a written one that will contain inconsistencies that an experienced defense attorney will exploit to challenge the veracity and credibility of the victim.
For simple domestic battery, the touching need not have caused a visible injury or pain; only that it was offensive.
If you have been falsely charged with domestic violence, then rest assured that you have defenses to the charge. You can argue that the violence never occurred or that you were actually the victim and acting in self-defense.
Gather evidence from the incident. An effective defense hinges on your ability to present evidence that casts doubt on whether you committed domestic violence on the day in question. This evidence can take many forms, but you will need to gather it soon after the incident.
This affidavit conveys to the prosecutor that the alleged victim does not want to participate in the prosecution.
You can generally defend yourself in two ways at trial. You can argue that the state did not prove its case, or you can argue that you really were the victim of the domestic violence. The state always has the burden of proving that you are guilty of domestic violence beyond a reasonable doubt.
You should try to gather any evidence that can prove this: drunken text messages, receipts for alcohol purchases, video of the alleged victim.
If you were falsely accused of hitting someone, then take photographs of your hands as soon as possible. If there are no bruises, swelling, or scratches, then you have some proof that you never struck anyone. You might want to get evidence that the alleged victim was drunk during the incident.
For example, the domestic violence statute might prohibit assault, stalking, and harassment. You could argue that calling the victim a couple times and stopping at her apartment does not rise to the level of stalking or harassment. You can also argue that you used self-defense.