When I started to work with the city, I realized that I was going to be working alongside our attorneys every single day. While I was a little nervous around them at first, we quickly became friends and all of that anxiety melted away. It was really neat to see how many different subjects they could handle, and I realized just how necessary they were for helping me to manage various daily occurrences. On this website, I thought it would be really great to start talking about how to work with lawyers, and what it might mean for you and your family if you seek legal advice early.
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Can A Victim Drop Domestic Violence Charges Before Court?
Cassandra Stone
One of the most common questions people have about domestic violence charges is whether they can be dropped. The answer to this question is unfortunately not a simple one. The answer is that charges don't always work this way. It's ultimately up to the prosecutor whether the charges are dropped. Here's what you need to know.
The Accuser's Role Differs in Each State
In some states, the accuser has more of a role in the process than in other states. For example, in some states, the accuser must sign a document called an Affidavit of Non-Prosecution in order for the charges to be dropped. This document essentially states that they do not want to pursue charges against the accused.
However, it's important to keep in mind that even if the accuser does not want to pursue charges, the prosecutor can still choose to do so.
The Prosecutor Has a Role in Charging and Dropping Charges
The prosecutor ultimately decides whether to bring charges against the accused. This decision is based on many factors, including the severity of the offense, the evidence available, and whether there are witnesses. The prosecutor can also choose to drop charges even if the accuser wants to pursue them. However, it's important to keep in mind that the prosecutor can also choose to refile charges at a later date if new evidence becomes available.
The Court's Role in Domestic Violence Cases Also Varies
The court also has a role in domestic violence cases. The court can issue a protective order, which is a legal order that protects the victim from the accused. The court can also order the accused to participate in anger management classes or drug and alcohol counseling. However, the court cannot drop the charges. Only the prosecutor can do that.
Dropping Charges Is Not as Simple as Many People Think
As you can see, there are many factors that play a role in whether domestic violence charges are dropped. It's important to keep in mind that the decision is not always up to the victim.
Criminal Defense Attorneys Manage Your Case
If you have been charged with domestic violence, it's important to speak with a criminal attorney who can help you understand the charges against you and the potential consequences.
An attorney can also help you create the best possible defense to the charges if they are not dropped and your case must go to court. Contact a local criminal attorney to learn more.
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