In many domestic violence cases between partners or spouses, the victim decides he or she doesn’t want to press charges anymore. They might go to the police or to the local prosecutor and ask for the domestic violence assault charges to be dropped. However, the party who first charged the defendant in the domestic violence assault has no power to drop charges against an alleged aggressor because criminal charges in most states are only brought by members of law enforcement.
Once the prosecutor’s office has issued a domestic violence charge, the victim has no authority to drop the charges. Although most people believe that the party who reports a crime issues the charges, but in reality, crimes are governed by the state—it’s the state that issues criminal charges, not the victim. It’s the state, and in particular, the prosecutor’s office, who will decide whether to move forward with the case or drop the domestic violence charges.
Changing Domestic Violence Statements
Although domestic violence charges can’t be dropped, accusers frequently want to change or recant their statements to police or investigators. Recanting is when accusers take back its original statement. If the accuser lied about facts in their charges, they could recant them. However, recanting won’t necessarily force the state to drop the case, since the state can still prosecute the case using police reports, photographs, and other evidence. If a person does recant, however, they can face criminal charges for falsifying information to law enforcement authorities and the court.
Contact Experienced Prince George’s County Domestic Violence Defense Attorneys!
If you face domestic violence charges, it is vital to speak to our domestic violence defense lawyers as soon as possible. Even if the accuser wants to drop the domestic violence charges against you, you will still face serious consequences if you don’t have aggressive and experienced lawyers on your side. The Prince George’s County criminal defense attorneys at Gracia & Mintz are ready to fight for your rights and help you get your charges reduced or even dismissed.
Contact the Prince George’s County domestic violence defense lawyers today at (301) 842-8584 to discuss your case in confidence.