Dropping Charges for Domestic Violence

OK, so things got out of hand, and the police got called, and they arrested you for domesticarrested violence. So you and your significant other have been together a long time. You know that they will drop the charges, and we can put this behind us. Right?

NO, NO, NO. Sorry, but this is usually not the case. The police and the prosecutor want to prevent the situation where a habitual domestic batterer can put pressure on the spouse to drop charges and the bad behavior continues.

It is remotely possible that the state will decide to dismiss a case against a defendant for domestic violence abuse charges, as well. This rarely happens, however. Although very undesirable, a prosecutor may still decide to move forward with a case, as originally charged.

The Prosecutor, Not the Victim, makes the decision as to whether to bring assault charges

Because the victim is not the party who first charged the defendant in the domestic violence assault, the fact that he or she wants to recant or dismiss the charges often means little to nothing to the prosecutor. The case is brought by the state. The prosecutor is the one who decides whether to move forward in the case against the defendant. So, technically the victim has no power to drop charges against an alleged aggressor because criminal charges in most states are only brought by members of law enforcement bodies.

Many jurisdictions have zero tolerance for domestic violence abuse. Localities subscribe to the logic that abuse will progressively worsen, and often those involved in the abusive situation are not in the best position to ascertain prudent next steps because of financial pressures, temporary reconciliations, or other pressures exerted by aggressors.

There is a slight exception to this general premise. That is in the instance of private criminal complaints. They are brought for small matters, such as the passage of bad checks in a retail store. But the vast majority of criminal matters are not filed by private parties such as a retail store; instead, they are filed by police officers.

The state may decide it is prudent to reduce charges from those originally brought. Or, alternatively, the state may offer a plea bargain agreement to the defendant that is more lenient and favorable. It is remotely possible that the state will decide to dismiss a case against a defendant for domestic violence abuse charges, as well. This rarely happens, however.

Although very undesirable, a prosecutor may still decide to move forward with a case, as originally charged, with the victim serving as a hostile witness. The prosecutor will usually continue forward with the case if he or she believes a crime was committed and has evidence to establish the case to the court. The victim is not likely to be cooperative or helpful in such instances in advancing the prosecutor’s case. It may be that an experienced criminal defense attorney can exploit such an undesirable situation for the state and negotiate with the prosecutor to have the charges reduced to a lesser offense. There are certainly no guarantees in this regard.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Community Service

So you may be looking at community service as part of court sentence. Instead of dreadingcommunity service it, consider embracing it. Community service is a great way to help others and improve your community, and it can also help you gain skills and experience to include on your resume and college applications.

Community service is work done by a person or group of people that benefits others. It is often done near the area where you live, so your own community reaps the benefits of your work. You do not get paid to perform community service, but volunteer your time. Community service can help many different groups of people: children, senior citizens, people with disabilities, even animals and the environment. Community service is often organized through a local group, such as a place of worship, school, or non-profit organization, or you can start your own community service projects. Community service can even involve raising funds by donating used goods or selling used good like clothing.

Many people participate in community service because they enjoy helping others and improving their community. Some students are required to do community service in order to graduate high school or to receive certain honors. Some adults are also ordered by a judge to complete a certain number of community service hours.

Why Should You Participate in Community Service?

There are numerous benefits to participating in community service, both for yourself and others. Below are some of the most important benefits of volunteering:

Gives you a way to help others
Helps improve your community
Can help strengthen your resume and college applications
Can be a way to meet new friends
Often results in personal growth
Gives you a way to gain work experience and learn more about certain jobs

 

The court will probably give you a list of possibilities of organizations in your area that are looking for volunteers.

Who would you like to help?

Is there a specific group of people or cause you are passionate about? Look for projects that relate to your passion and interests. You may also just want to perform particular community service activities that allow you to do hobbies you enjoy, like baking or acting, and that’s fine too.

Do you want a community service activity that is reoccurring or a one-time event?
Perhaps you don’t have enough time to regularly devote to community service. In that case, it may be better to look for opportunities that only occur once or sporadically, such as planning special events or helping build a house.

What kind of impact do you want to have?

Some people prefer to participate in community service activities that have a quantifiable impact, for example, activities where you know the specific number of kids you tutored, dollars you raised, or cans of food you collected. This is in contrast to activities that don’t have such clear numbers, such as creating a garden or serving as a volunteer lifeguard. Some people prefer quantifiable activities because they feel they look stronger on college applications, or because they simply enjoy knowing their exact impact on the community.

What skills would you like to gain?

Many community service activities can help you gain skills. These skills can range from teaching to medicine to construction and more. If there is a particular skill you’d like to learn for future classes, jobs, or just out of personal interest, you may want to see if there is a community service activity that helps you learn that skill.

Now that you know what your options are for community service, you can take the following steps to start getting involved:

1. Look over your interests: Which activities seem most appealing to you? Were they mostly in one particular category, like children or the environment? If so, that’s a good starting place for choosing specific organizations to contact.

2. Figure out how much time you can devote to community service: Are you available for two hours every week? Are you not free on a regular basis but can volunteer for an entire weekend now and then? Think about transportation as well and how you’ll be able to get to different locations. Knowing this information will help you choose which community service projects to pursue, and it’s helpful information for volunteer coordinators to know.

3. Do some research to see what projects you can do in your community: Check at your school, place of worship, or town hall for more information on volunteering. You can also contact the place where you’d like to perform your community service, such as a particular animal shelter or nursing home, and ask if they take volunteers.

4. Start volunteering! This list ranges from small projects that you can complete on your own in a few hours, to much larger projects that will take more time and people. If you find a project you can start on your own, do it! If you want to do a project where you’ll need more resources or people, check around your community to see if a similar program already exists that you can join. If not, don’t be afraid to start your own! Many organizations welcome new volunteers and community service projects.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.