One of the most common questions I get as a criminal defense attorney representing clients against Broward domestic violence allegations is, “Can the charges be dropped? What if the victim no longer wants to press charges?”
While it might seem straightforward that a case should be dropped if the alleged victim changes their mind, the reality is far more complex. In Florida, domestic violence cases are treated seriously, and decisions to prosecute are ultimately made by the state — not the alleged victim.
While this is technically true in pretty much all criminal cases, prosecutorial discretion in domestic violence cases very often errs on the side of moving forward with the case even when it’s against the alleged victim’s wishes. That’s because it’s coercion and manipulation are well-known patterns in domestic violence cases. It’s true that the state’s case may be weaker if the victim won’t cooperate, but that doesn’t mean they can’t still win.
Can Domestic Violence Charges Be Dropped?
In Florida, domestic violence charges are brought by the state. That means that once an arrest is made, the case is in the hands of the prosecutor. The alleged victim’s wishes are taken into consideration, but they do not have the power to “drop” the charges themselves. Even if the alleged victim no longer wants to pursue the case, the state attorney’s office may still choose to move forward with prosecution.
Prosecutorial Discretion
Florida operates under what is known as prosecutorial discretion. This means that after reviewing the evidence, the prosecutor decides whether or not to continue pursuing charges.
Domestic violence cases, in particular, are treated with caution due to concerns about the safety of the alleged victim and the possibility of coercion. Prosecutors are trained to recognize situations where an alleged victim might feel pressured to recant their story or withdraw their desire to prosecute.
The State of Florida has a vested interest in preventing domestic violence and protecting victims, so even if the alleged victim refuses to testify or wants to drop the case, the prosecutor may proceed.
The prosecution can rely on other forms of evidence, such as:
- 911 call recordings
- Photographs of injuries
- Medical records
- Witness testimony
- Statements made by the alleged victim at the time of the incident
In cases where the alleged victim is uncooperative, the prosecutor may issue a subpoena, compelling them to testify in court.
What Happens If the Alleged Victim Recants?
When an alleged victim recants their statement, it does not automatically mean the case will be dismissed. Prosecutors may view recantation with suspicion, as it can sometimes result from pressure exerted by the defendant or others. The prosecutor may still have enough evidence to move forward without the alleged victim’s testimony.
Additionally, in Florida, if the alleged victim falsely accuses the defendant of domestic violence and then recants, it could lead to charges of filing a false police report or perjury. However, if the recantation is truthful and made of their own free will, the prosecutor may reevaluate the strength of the case.
Legal Risks of Contacting the Alleged Victim
As your criminal defense lawyer will tell you, one of the most critical mistakes a defendant can make during a pending domestic violence case is trying to contact the alleged victim. In most domestic violence cases, a judge will issue a no-contact order as a condition of release. This order prohibits the defendant from contacting the alleged victim in any way—directly or indirectly—while the case is ongoing.
Violating a no-contact order can have serious consequences, including:
- Additional charges: Violating a court order can result in a charge of contempt of court, leading to further legal issues.
- Harsher penalties: If found guilty of violating the no-contact order, the defendant may face more severe consequences, such as increased jail time, higher fines, or stricter probation terms.
- Damaging the defense: Reaching out to the alleged victim, even with good intentions, can jeopardize the defense strategy. Anything said during contact could be used as evidence against the defendant.
It’s important to understand that even if the alleged victim initiates contact or expresses a desire to reconcile, it is still a violation of the court’s order for the defendant to respond or engage. The defendant should avoid all forms of communication—including phone calls, text messages, social media, and even third-party contact—until the court lifts the no-contact order.
How a Broward Criminal Defense Attorney Can Help
If you’ve been charged with domestic violence in Fort Lauderdale, having an experienced criminal defense attorney is essential. While the decision to drop charges rests with the prosecutor, a skilled attorney can:
- Present evidence that weakens the case: By challenging the prosecution’s evidence and presenting mitigating factors, an attorney can negotiate for reduced charges or even dismissal in some instances.
- Argue for leniency: If the alleged victim does not wish to pursue the case, an attorney may present this information to the court and argue that the charges should be dropped or reduced.
- Protect your rights: Your attorney will ensure that you do not violate any court orders, such as a no-contact order, and will advise you on how to navigate the legal process.
Domestic violence charges in Fort Lauderdale are taken very seriously. While the alleged victim’s wishes are important, they do not control the outcome of the case. Prosecutorial discretion plays a central role in whether charges are dropped or pursued, even if the alleged victim recants or no longer wants to participate. Defendants must be cautious, especially regarding no-contact orders, as violating them can complicate their defense. With the help of an experienced Broward criminal defense attorney, you can navigate these complexities and work toward the best possible outcome in your case.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.
Additional Resources:
F.S. 741.28, Domestic Violence
More Blog Entries:
Understanding Florida Domestic Violence Laws: What Every Fort Lauderdale Defendant Should Know, Sept. 7, 2024, Broward Domestic Violence Defense Lawyer