Will Domestic Violence Charge be Dismissed if the Victim Does Not Want to Prosecute?

Written by:Julian Stroleny PortraitJulian Stroleny

If you’ve been charged with domestic violence in Miami, then you need to reach out to a Miami criminal defense attorney. A criminal lawyer in Miami is going to know the law and the lay of the land, and they will be able to walk you through the whole process. If you don’t want to rely on just one lawyer, then call a Miami criminal law firm and talk to multiple of them about your case. It’s always a good idea to get a second opinion from another Miami criminal defense lawyer.

So, the question is whether a domestic violence charge will be dismissed if the victim doesn’t want to prosecute it. There isn’t an easy answer. It all hinges on the situation and many other factors.

It depends on the jurisdiction where it happened and how tough the Domestic Violence Unit is.

It also depends on whether or not there were any injuries or if there was any history of domestic violence before that night. If there were prior calls to the police, or if the offender has a record, they are going to be more likely to be prosecuted. If there was just pushing and touching without any serious punching or choking, then the state is not as likely to continue on with the case.

Another factor is whether the victim wants to fill out a “drop charge” affidavit. In some minor incidents, the prosecutor won’t move forward at all if the victim doesn’t want to.

Finally, the prosecutor may file on the case, but they’ll let the offender go into a Pre-trial Diversion program wherein the offender will have to maybe go to some counseling or do community service. The prosecutor will likely drop the charges if the offender meets all the conditions of the program.

When all is said and done, a number of different factors come into play. That’s why you need to get in touch with a good criminal lawyer in Miami if you’ve been charged with domestic violence in Miami. They may be able to help you avoid jail time and get off with a light slap on the wrist. Or, you could be spared any charges at all. The prosecutor might drop the charges. It just makes more sense to call a competent Miami criminal defense attorney.

Stroleny Law: Criminal Defense Attorney handles a variety of criminal law cases, so call now if you have any questions.

View more contact information here: Miami Criminal Defense Attorney.

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