Can I Persuade My Alleged Victim To Drop Domestic Violence Charges?

If you have been charged with a crime that falls under the umbrella of domestic violence, it is crucial that you take such a charge seriously. It is understandable, particularly if this is your first run-in with the law, to be uncomfortable or even frightened at finding yourself in this kind of situation – however, the best way to deal with the situation is to go through the legal process, rather than trying to take matters into your own hands. Many defendants, for example, will try to contact the victim and attempt to get them to drop the charges – but in Florida, this is not how the process works to begin with.

Only A Prosecutor Can Drop Charges

Domestic violence is broadly defined in Florida, including any criminal offense that results in “physical injury or death” to the victim, who must in turn have a particular relationship with the alleged perpetrator, such as being a spouse or unmarried co-parent. If law enforcement is contacted during a domestic dispute, they have the discretion as to whether to arrest and charge one of the participants (in rare cases, they may choose to arrest both, but this is very uncommon).

Once you have been arrested and charged with a domestic violence crime, it is important to understand that the question of whether or not to press charges is now out of your alleged victim’s hands. In Florida, only a prosecutor or their local equivalent can choose to drop a case, and they are unlikely to do so in cases involving domestic violence simply because it can so easily place the alleged victim in a dangerous position.

Do Not Speak To The Victim

Despite the fact that a victim cannot unilaterally drop criminal charges against you, it may still feel like a good idea to get in contact with them and have a discussion about whether or not they should cooperate with the state’s attorney in your case. This is a catastrophically bad idea, for two major reasons. The first reason is that even if a victim refuses to cooperate with state’s attorneys, it still may be possible to build a case against you from other evidence – for example, camera footage, witness statements, medical records and the like may speak even when the victim chooses not to.

The second reason is because if there is a sudden change in the victim’s preferences or temperament, a state’s attorney may suspect that you attempted to influence them for good or ill. In extreme cases, you may even be charged with witness tampering – Florida law criminalizes trying to influence a witness in any way, whether physically, emotionally, financially or otherwise, and will charge someone suspected of doing so with a felony. It is simply not worth it to risk such consequences.

Contact A West Palm Beach Domestic Violence Attorney

If you have been charged with a domestic violence offense, but you want the charges dropped, the best way to achieve this is to find the right attorney who can protect your rights. Trying to contact or influence the alleged victim is not only unhelpful, but can lead to future consequences. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help ensure you get your day in court. Call our office today to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.29.html