You may have heard of instances where criminal charges are dropped before a trial begins. This is an ideal outcome for many defendants. However, getting domestic violence charges dropped works a little differently than for other criminal cases. Our team at Law Offices of Randy Collins is here to explain who makes the decision about whether or not a domestic violence case is pursued and common reasons why charges could be dropped.
Reasons Why a Domestic Violence Case May Be Dropped
One of the most common reasons domestic violence charges are dropped is a lack of evidence. If the defendant is arrested, there must be probable cause for arrest. However, that probable cause is sometimes not enough to go through a whole case and reach a conviction. If the prosecutors see that there is not enough clear evidence of guilt to convict the defendant, they may drop the case to save time and resources.
Another reason for domestic violence cases to be dropped is if the evidence involved in the case was collected illegally. In this situation, there may be substantial evidence against the defendant, but it cannot be used in court due to the nature of how it was collected. If the defendant’s rights were violated during the evidence collection, then the evidence can be suppressed, which may ultimately lead to dropped charges.
A final reason for dropping domestic violence cases is if the alleged victim does not want to participate with the prosecution to go up against the defendant. This is a unique issue in domestic violence cases because the parties involved often have a deep, long-term, complex relationship. Thus, even if the alleged victim started the case to begin with, they may later decide they do not want to help the prosecutors convict the defendant. If they do not cooperate and provide more evidence or testimony, the prosecution may have too weak a case and would drop the charges. Additionally, the prosecution may drop the case if the alleged victim or witnesses provide inconsistent statements.
Can The Alleged Victim Get The Charges Dropped?
As mentioned above, the prosecution can decide whether or not to pursue the case. If they choose to drop the charges, the case ends. You may wonder, can the alleged victim motion to get the case dropped? In short, no, once a domestic violence arrest is made, the alleged victim has no legal power to drop the charges. This decision can only be made by the prosecutors.
This is to protect the alleged victim and ensure that they do not make the decision to drop charges due to a threat or fear of retribution from the defendant. However, this also complicates circumstances when the alleged victim calls the police and gets the defendant arrested based on exaggerated or false claims.
Get The Best Possible Outcome With a Defense Attorney
Getting your charges dropped is an ideal outcome following a domestic violence arrest. You’ll want to work with an experienced defense attorney that has reached this outcome for past clients and knows what it takes to get the prosecution to drop the case. A defense attorney can also write directly to or speak with the prosecution to explain why the case and charges should be dropped.
Orange County Domestic Violence Defense
There is a lot at stake for those facing domestic violence charges. Our team at Law Offices of Randy Collins wants to help you reach an ideal case outcome by fighting for your charges to be dropped or dismissed. Set up a consultation with our team today so we can learn the details of your arrest and begin planning the best course of action for your defense. Call (844) 285-9559 or click here.