OK, so things got out of hand, and the police got called, and they arrested you for domestic 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.