Can a Victim Choose To Drop Domestic Violence Charges in Florida?

A common question we get in Domestic Violence cases is whether the victim can drop the charges once they have been filed. Many people assume that the victim should have control of the case and can, therefore, drop the charges if they see fit. However, the reality is once the domestic violence charges are filed, the decision to continue or drop those charges rests with the prosecution, not the victim.

The State of Florida makes the decision of what, if any, charges to file in each criminal case.  This includes Domestic Violence cases.  The prosecution will often listen to the victim’s wishes, but the decision ultimately lies with the State. Even in cases where a victim wants to drop the charges, the state will continue pursuing the case if there is enough evidence to suggest that a crime was committed. But, in some cases, the State cannot move forward without the victim’s cooperation.

Even in cases where a victim wants to drop the charges, the state will continue pursuing the case if there is enough evidence to suggest that a crime was committed.

Can a Victim Change Their Statement?

Yes.  A victim has the option to recant their statement. Recanting means withdrawing or changing one’s statement. While recanting a statement could have severe consequences, the State Attorney will always look to ensure the statements of the victims are accurate.  Victims can work with the prosecution or a criminal defense attorney to correct or recant their prior statements against a defendant. It is important to note though that even if a victim recants their statement, it doesn’t guarantee the prosecution will drop the case. However, the prosecution certainly considers this when making the final decision or ultimately deciding whether they are able to go forward with their prosecution.

So, What Factors Are Considered for a Domestic Violence Charge To Be Dropped?

Several factors influence whether domestic violence charges are dropped, including:

• The victim’s credibility
• The presence of clear evidence of assault
• If the victim provided a false statement
• The victim’s willingness to cooperate
• Where the victim is found to have been the initial aggressor
• Whether there were other witnesses to the alleged criminal acts

Speak to a Fort Lauderdale Domestic Violence Lawyer About Your Charges

If you’re a victim facing pressure to drop domestic violence charges, or if you’ve been charged with domestic violence, contact our experienced Fort Lauderdale domestic violence lawyers at Haber Blank, LLP today at 954-767-0300 for expert guidance on the best course of action.

Source:

abajournal.com/news/article/a-prosecutors-suspicion-during-assault-defendants-zoom-hearing-leads-to-his-arrest