Can I Get My Domestic Violence Charges Dropped?
If a person is charged with a domestic violence offense in Florida, they often believe that a simple talk with the alleged victim can make those charges go away. In reality, it is not that simple. Once charges have been filed, the question of whether or not to go ahead with a criminal case is up to a state’s attorney, rather than the victim – and in some cases, any attempt to contact the victim can lead to more trouble.
It Is Not Up To The Victim
In civil court, a plaintiff brings a lawsuit against a defendant, and a judge or jury decides the outcome, possibly resulting in monetary compensation for the plaintiff. In criminal court, the stakes are higher, usually with a defendant’s freedom at stake. Because of this, neither the alleged victim nor the alleged perpetrator of a domestic violence crime have the final say on whether or not a legal case will move forward.
It is possible for a victim to simply refuse to cooperate with law enforcement, either out of fear of their alleged abuser, a distrust of police, or some other reason. However, this does not usually mean a case will be dropped – rather, most state’s attorneys will try to prosecute the case without the victim’s statement. This is obviously more difficult, but not impossible.
Focus On Defense
If you have been charged with a crime of domestic violence in Florida, the odds are that you will be unable to get the charges dropped unless a genuine mistake was made in your arrest. However, you and your attorney may be able to create reasonable doubt enough to avoid serious consequences. There are several potential defenses to combat accusations of domestic violence, any of which may apply in your case. Some may include:
- Casting doubt on the legality of law enforcement’s search and chain of evidence;
- Self-defense, particularly if you have visible marks on your person;
- Lack of evidence; and
- Highlighting any discrepancies in the case as presented.
You may have seen the standard of ‘beyond a reasonable doubt’ discussed on television shows; it applies in criminal cases, and any hint of reasonable doubt is generally sufficient.
Contact A West Palm Beach Domestic Violence Defense Attorney
Being charged with a domestic violence offense in Florida is serious business, requiring a serious response. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help ensure your rights are protected. Contact our office today to schedule a consultation.
