What Is A Waiver Of Prosecution?
In Florida, there is no one single crime of domestic violence – rather, the underlying crime, like battery, sexual assault, or kidnapping, is charged and domestic violence plays a role at sentencing. However, the legal process is not an unstoppable force; rather, if a ‘victim’ decides that they do not want to cooperate with the state’s attorney as they prosecute the alleged abuser, they can file what is known as a waiver of prosecution.
Why File A Waiver?
The average person might wonder why a victim would not want to cooperate with law enforcement in putting their abuser behind bars. There are several reasons, but one of the most acute is that sometimes victims of abuse have nowhere else to go. In a long-term abusive relationship, the victim may have lost their independence to some degree; they may not have funds or family to take them in.
Another reason an alleged victim might file a waiver of prosecution is a bad experience or lack of faith in the legal system. If the alleged victim has no faith in the justice system, it is not unreasonable to expect them to want to opt out, so to speak, of the entire thing. Of course, perhaps the most common reason for a waiver of prosecution to be filed is if the alleged victim genuinely does not want to press charges, or does not wish to do so under this specific fact pattern.
Your Statement Must Add Something
The most important thing to understand about a waiver of prosecution is that it must add something to the case – that is, it must show that the facts as dictated by the police or any other witnesses are incomplete or inaccurate. Merely saying in your statement that you don’t believe your spouse’s actions rise to the level of abuse is basically irrelevant to a state’s attorney – but, for example, if you can explain actions that police misunderstood, it can force law enforcement to view the case in a new light. Sometimes, this will mean that prosecution is deferred or dropped.
That notwithstanding, keep in mind that a waiver of prosecution is not an automatic order to stop prosecution. If a state’s attorney believes it is in the public interest to prosecute, they will almost certainly go ahead with doing so. Without the victim’s cooperation, the path to conviction for an alleged abuser will be more difficult, but some are still winnable, and in those situations, cases will move forward even if the victim refuses to cooperate.
Call A West Palm Beach Domestic Violence Attorney
Deciding whether or not to file a waiver of prosecution can be just as big a decision as it was to call the police in the first place. If you are in this situation and need help, a West Palm Beach criminal defense attorney from the firm of Perlet & Shiner, P.A. can work with you to get through the legal process. We are ready and willing to assist you – call our office today to speak to an attorney.
