Is It Possible For A Domestic Violence Case To Be Dropped?
Are you being unfairly accused of domestic violence and now you are worried about if you need to fight it in court? If so, it helps to know why those charges could be dropped by the prosecutor.
Not Enough Evidence
Being accused of domestic violence is simply not enough. There needs to be evidence that the prosecutor is able to verify that can help the accuser's case. This can include photographs, medical reports, and eyewitness testimony. If there is not a visible injury or there is not enough evidence, then the prosecutor could decide that the case will be too challenging and not take it to trial.
Statements That Are Inconsistent
There are going to be several times that the victim gives statements about how the domestic violence occurred. These statements are not only used to learn about what potentially happened but to verify the accuser's credibility. Having inconsistencies in statements can cause the prosecutor to doubt what the accuser is saying because the story changes each time they tell it. This is a sign that the accuser is likely lying about the events that happened, and the prosecutor will drop the charges because of it.
No Evidence Of Physical Injuries
When the police arrive at the scene of a domestic violence incident, they should ask the victim where the person was hurt by their attacker. The police will likely take photographs of these areas of evidence of what it looked like immediately after the incident. Not having visible injuries will cause the prosecutor to not want to move forward with charges because it will be difficult to prove that an attack occurred
Lack Of Witnesses
It will help an accuser's case to have independent witnesses that can back up the incident. It is often a problem in these types of cases that it is one person's word against the other's, and that may not be enough to press charges. Having independent witnesses that can help back up your case will help a prosecutor decide if they want to press charges since it gives more credibility to the accusations.
Request For Case Rejection
The accused person can also work with an attorney to write a letter to the prosecutor about the case, where they ask to have the case rejected. This can help give the prosecutor more information about the case so that it is thrown out before charges are officially filed. Having a lawyer involved early to tell your story to the prosecutor will give you a better chance of having the case dropped.
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