Domestic disputes can quickly become heated and highly emotional. Unfortunately, this also means that sometimes the police are unnecessarily called. When things cool down, the alleged victim may decide they do not want to press charges, or even admit they did not need to call the police. Let’s discuss how domestic violence charges can be dropped.
Is Florida A Mandatory Arrest State?
In some states, police are required to make an arrest when called for domestic violence. Florida, however, is not one of them. When the police arrive at the scene, they must investigate if there is probable cause to make an arrest. For example, any clear signs of domestic violence, like bruising or property damage, may lead the police to make an arrest. If they do not see any reason to make an arrest, however, they do not have to.
If The Victim Wants To Drop Charges
Some individuals immediately regret calling the police during a domestic dispute, while others begin to regret it days later when they reevaluate the altercation. Unfortunately, if the alleged victim wants to get the charges dropped, they do not have the final say. Once an arrest is made, the prosecutors are the only ones who can choose whether to pursue charges or drop the case. This is done in an attempt to protect the victim from being coerced or threatened into dropping the charges. Still, this makes things complicated in cases where the accused defendant was not truly a danger to the victim.
Defending Against Domestic Violence Charges
When you are facing domestic violence charges after an exaggeration or fabrication of events, it is stressful. Remember though, that an arrest does not equal a conviction. You are still able to fight your charges.
Common defenses against domestic violence charges include:
- De minimis infraction (what occurred was so minor it did not warrant an arrest)
- Proving false allegations
Working with an experienced domestic violence defense attorney is the best way to get the prosecution to drop your charges and prove your innocence.
Miami Domestic Violence Attorneys
When the alleged victim wants to drop the charges and can’t, it is extremely frustrating for the accused individual. If you are facing domestic violence charges after a dispute that got out of hand, contact Hager & Schwartz, P.A. today.
We are available 24/7 to take your call: (305) 330-1360.