HOW CAN I GET MY DOMESTIC VIOLENCE CHARGE DROPPED IN CENTRAL FLORIDA? FAQs

Q: What is the most effective way to get a domestic violence charge dropped?

A: One of the most effective ways to get a domestic violence charge dropped is through a detailed witness statement that presents the complete story–a story different than what the cops have told in their police report. Police reports are often biased and one-sided, so providing additional context that the initial report may have missed is crucial.

Q: How can a witness statement help in a domestic violence case?

A: A well-crafted witness statement can reveal new facts and provide a different perspective on the incident. This approach can help show the prosecutor that the police report doesn’t tell the whole story. For example, the alleged victim’s statement can explain circumstances that justify the defendant’s actions, such as self-defense.

Q: Can you provide an example of how a witness statement can change the outcome of a case?

A: Yes. For instance, in one case, a prosecutor believed they had a strong case because a neighbor witnessed a husband pushing his wife. However, the neighbor didn’t hear the conversation leading up to the push. The wife provided a sworn statement (also known as a declination of prosecution or drop charge affidavit) explaining that she had threatened to get her shotgun and shoot my client right before he pushed her–the push was in self-defense. The prosecutor dropped all charges with this new information because the act was justified.

Q: Why are police reports often not enough to tell the whole story?

A: Police reports can be biased and typically focus on gathering evidence to support an arrest. They may not include mitigating circumstances or the complete context of the incident. This partial view can lead to unfair charges, which a comprehensive witness statement can help correct. The police are not looking to help the accused. They are looking to build a case to have someone arrested and convicted. Anything contrary to their goal is pretty much ignored.

Q: What should a witness statement include to help get charges dropped?

A: A witness statement should:

• Provide a detailed account of the incident, including any context that justifies the defendant’s actions.
• Highlight any discrepancies or omissions in the police report.
• Include relevant facts not mentioned in the police report or written statements that support a defense, such as self-defense or a lack of intent to commit harm.

Q: Why is it important to have an attorney when preparing a witness statement?

A: Preparing a witness statement is complex and requires careful attention to detail. An attorney can help ensure the statement is thorough and accurate and presents the complete story effectively. They can also advise on legal strategies and handle communications with the prosecutor.

Q: What if the alleged victim doesn’t want to press charges?

A: While an alleged victim’s desire not to press charges can be helpful, it is not enough–on its own–to get charges dropped. Prosecutors are not obligated to drop charges based on the victim’s wishes alone. However, a well-prepared witness statement that adds crucial facts can make the case unprovable, forcing the prosecutor to drop the charges.

Q: What should I do if I’m facing a domestic violence charge in Central Florida?

A: If you’re facing a domestic violence charge in Central Florida, it’s essential to contact an experienced attorney immediately. An attorney can help you gather evidence, prepare a strong defense, and increase your chances of getting the charges dropped. If you need assistance, please get in touch with my office. My name is John Guidry, and I have extensive experience defending domestic violence cases in Orange, Seminole, Lake, Brevard, Volusia, and Osceola counties. Let’s see how we can help you navigate this situation and achieve the best possible outcome.