Fort Lauderdale Criminal Attorney Blog
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: Continue reading
