By: Joemar Pasco
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Can Domestic Violence Charges Be Dropped in Florida?
Is it Possible to Drop Domestic Violence Charges in Florida?
In Florida, dropping domestic violence charges is something close to impossible. Florida State takes domestic charges very seriously. The states pick domestic violence charges against you, and they have a pro-prosecution policy for all domestic violence charges. This signifies that the state prosecutors will do everything possible to convict you.
According to section 741.28 of Florida Law Statues, domestic violence is described as any assault, aggravated assault, stalking, aggravated stalking, battery, aggravated battery, or any criminal offense resulting to death or physical injury of a family member caused by another person residing or was in the same house.
The Roles of a Domestic Abused Victim in the Case
Domestic violated victims play various crucial roles as the case progresses. For instance, in a trial, a victim may be requested to testify in the court against the abuse. You may also be required to appear at the court for other reasons, or to retrieve a document or evidence from the court. However, as a victim, you should be aware that your roles are not limited to passive. You have the full right to bring your own civil suit. Besides, you have protection rights, as well.
Often, charges of domestic violence are charged against a spouse, ex-spouse, or a close family member and after while the victims may decide to drop charges after things have cooled off. Unfortunately, in Florida, a domestic charge cannot just be lowered by the victim on his or her own. In fact, in the case of domestic violence, the State is considered as a victim, and everyone else becomes a witness in her case.
Dropping a domestic violence charge may be unlikely, but if you follow the right channel, there could be chances of your domestic case being dropped. But how can this be possible? Yes, this could happen if you successfully convince the prosecutor.
Useful Tips That Can Help You in Convincing the Prosecutor
If you want to have the best chances of your domestic case being dropped, do the following vital things:
1. Establish Close Communication with The Prosecutor Through an Attorney
If the victim of domestic violence decides not to throw charges on their loved ones, they should notify their lawyer first. A lawyer can present a motion in the court to modify the stay-away order, giving you a chance to be together and solve outside courtrooms. Your lawyer will also help you to execute a non-prosecution affidavit.
As a domestic violence victim, you should not at any time communicate to the prosecutor without the help of a lawyer. Remember, prosecutors are trained interrogators, and it’s their primary duty to file and ensure charges are pursued regardless of what they tell you.
2. Initiate Early Negotiations with Your Lawyer
One of the critical advantages of initiating early negotiation is that your private attorney will have ample time to make early contacts with the prosecutor. Initial presentation of the factual defense, mitigating circumstances, and legal issues can have a significant impact on the State’s decision to progress with domestic violence charges. Early negotiations signify competence and establish a rapport that may be retrieved for future negotiations.