If I, the victim of someone violating an injunction against me wants the violation dropped because we are on great terms now, will the state drop charges if I drop the injunction?
Criminal Defense Attorney
Whether or not a criminal case is filed against a person in Florida is up to the State Attorney's Office in that circuit and specifically up to an Assistant State Attorney assigned to this particular case. Although many times a person wants to "drop charges", such as in a violation of injunction or a domestic violence charge, the State has the discretion to proceed if the State can prove the case beyond a reasonable doubt either through independent witnesses, photographs, etc. However, the State also has the discretion to file a "No Information" on a particular case based upon the totality of the circumstances - including the incident being isolated, no further likelihood of harm, etc. This is why it is important that a victim of a crime contact the Assistant State Attorney assigned to the case and make their feelings known regarding prosecution so the Assistant State Attorney can make an informed decision affecting all parties involved.