Criminal Defense
Since 1993
Since 1993
WHY MIGHT A PROSECUTOR DROP YOUR DOMESTIC VIOLENCE CASE IN CENTRAL FLORIDA? FAQs
Q: What are the top reasons a prosecutor might drop a domestic violence case?
A: A prosecutor might decide to drop a domestic violence case for several reasons. Here are the top four reasons:
- Lack of Evidence:
- Analysis: To secure a conviction, the prosecutor must back up accusations with actual evidence. Simply making an accusation is not enough.
- Physical Evidence: If someone claims they were physically harmed, the prosecutor needs proof, such as visible injuries consistent with the accusations. For example, body cam footage showing red marks or scratches can be critical.
- Credibility of Witness: The credibility of the alleged victim is crucial. If the alleged victim is found to be under the influence of drugs or alcohol or is overly emotional, their reliability can be questioned.
- Independent Witnesses: The absence of independent witnesses can make it difficult for the prosecutor to proceed. A case that boils down to “he said, she said” without corroboration is weak.
- Inconsistencies in Witness Statements:
- Multiple Statements: Comparing different statements made by the alleged victim can reveal inconsistencies. These can include the 9-1-1 call, remarks made to police, and any written accounts by the alleged victim.
- Discrepancies: If the stories don’t match up, it gives the defense a strong argument that the charges should be dropped due to unreliable testimony.
- Sworn Statements from the Alleged Victim:
- Drop Charge Affidavit: Also known as a declination of prosecution or a drop charge affidavit, this is a sworn statement from the alleged victim that either asserts the victim’s desire to be left alone or, hopefully, adds new facts to the case not included in the police report.
- Impact: While simply saying “I don’t want to press charges” isn’t enough, providing a detailed sworn statement that includes favorable information previously omitted by the police can be compelling. This new information can significantly affect the prosecutor’s decision.
- No Independent Verification:
- Independent Witnesses: If there are no independent witnesses to verify the alleged victim’s account, the prosecutor might hesitate to move forward. Prosecutors prefer cases where they have strong, corroborated evidence.
Q: How does a lack of evidence lead to a case being dropped?
A: A lack of evidence makes it difficult for the prosecutor to meet the burden of proof. If the physical evidence doesn’t support the allegations or if the alleged victim’s credibility is in question, the prosecutor may decide they cannot prove the case beyond a reasonable doubt and drop the charges.
Q: What should I do if there are inconsistencies in the alleged victim’s statements?
A: If there are inconsistencies in the alleged victim’s statements, your attorney can use these discrepancies to argue for dismissal. It’s important to compare all statements made by the alleged victim to highlight any differences that could undermine their credibility. Its that old problem, “they couldn’t keep their story straight.”
Q: How can a sworn statement from the alleged victim help my case?
A: A sworn statement from the alleged victim, particularly one that includes new, favorable information, can be very effective. This statement can address any omissions in the police report and provide a more complete picture of the incident, potentially leading the prosecutor to drop the charges.