Can I drop the charges of Domestic Battery against my childs father?

Asked over 2 years ago - Tampa, FL

My childs father was arrested and charged with Domestic Violence Battery (Misdemeanor). I wasn't hurt other than some scratches on my arm from falling & his unsuccessful attempt to keep me from falling and hitting my head. I still hit my head & later learn I had a Concussion. Prior to this injury, we were having a heated argument with pulling at each other. My daughter's boyfriend attempted to break it up & the two began wrestling because he thought he was trying to harm me. I gave a statement at the hospital but was cloudy on the details of what happen after the fall. Can this charge be dropped?

Attorney answers (3)

  1. John Michael Marees II

    Contributor Level 7

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    Answered . The decision whether or not to prosecute a criminal case is within the sole discretion of the prosecuting attorney. Even the Judge does not have the ability to prevent the prosecuting attorney from bringing charges against an individual. However, it is very likely your feelings concerning the case as a Victim will have a significant influence on whether or not formal charges are filed. If you are not contacted by the prosecutor within the next few days, you should reach out to he or she and explain your thoughts on the case. You should be cooperative with the prosecutor. If you fail to cooperate, the prosecutor could issue a subpoena requiring you to give a sworn statement.

  2. Ronald William Slonaker

    Contributor Level 14

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    Answered . Even though you are the victim, you can not drop criminal charges. Only the State Attorney can dismiss a ctiminal case. At some point you should have a meeting with a victim rights intake person from the prosecutor's office - tell that person or the state attorney assigned to your case that you do not want to pursue this case and want the prosecution dropped and that you want to sign a Waiver of Prosecution. That may pursade the state to dismiss the case - but, if they have independent witnesses or other evidence they may not dismiss the case.
    I am an Ocala attorney and handle cases on a regular basis. On a VOP, you can be sentenced to the maximum under the statute you were convicted of less any credit time served. The County Court Judges in Marion County are especially hard on violation cases. If you were originally convicted of first time DUI your maximum sentence is up to 180 days in the county jail. Typically sentences for a vop on a first time case range from 60 days to 120 days, with a very rare reinstatment being granted. You need an attorney to represent you in this case! As an item of free advice you may shave some off of any jail sentence if you voluntarily surrender yourself to the jail on the warrant. And no, in Marion County weekends in jail are rarely allowed, and if so for sentences of 10 days or less in most cases. You have a right to a formal hearing or trial in front of the judge as well.

    Ronald Slonaker, Attorney
    942 SE 17th Street
    Ocala, FL 34471
    352-629-6656
    www.SlonakerLawFirm.com

    This response is to provide general legal information and does not constitute legal advice nor should it be... more
  3. John Arthur Smitten

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Ultimately that is up to the State Attorney.

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