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If a victim is not willing to testify against a spouse (accused) on a domestic battery charge, will the prosecutor drop the char

Tampa, FL |
Filed under: Domestic violence

i have not gone to Court Yet I have just the Interview Process on September 13th 2012 i just want to know if I sign the waiver to Drop all Charges will the DA Drop it as well i don know that in the State of Fl that the DA has the final Word but Can You give me an Idea If The DA will Just Drop it if they have nothing to go onand if i drop it

If a victim is not willing to testify against a spouse (accused) on a domestic battery charge, will the prosecutor drop the charges? For example, if the victim does not want to face the accused or does not want to create further problems for the accused, can the victim have the charges dropped?

Attorney Answers 4

Posted

As you've said, it's up to the prosecutor to drop the charges. If the prosecutor refuses to drop the charges, and you refuse to testify, you could be held in contempt and even jailed until you testify.

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4 comments

Asker

Posted

what do you mean Until I testify I dont understand I want to Drop the Charges all together i dont want to testify

Brent Allan Rose

Brent Allan Rose

Posted

That's not your call. You can asked to drop the charges. If the prosecutor still wanst to go forward, and if the prosecutor subpoenas you and wants you to testify, you could be held in contempt if you refuse. That means you could sit in jail until you change your mind and tell the judge you are willing to testify.

Asker

Posted

I hear other Lawyers In Fl state that I dont have to testify i was reading another persons Issue in Jacksonville Fl and that Lawyer told her that She didnt have to testify that if she dropped the charges and the DA has no Witness they have to dismiss is this True

Brent Allan Rose

Brent Allan Rose

Posted

Not true.

Posted

You're the third or fourth person today with the same question, i've lost track. It's an epidemic of false reports, or an epidemic of domestic violence connected with, how can I put this gently, women who would rather be beaten up than face other consequences, mostly economic but also emotional, like being left alone. But isn't being broke and/or left alone better than being beaten up? Anyway, no, you can't drop the charges, only the state can because you're not the true victim, you're only a witness to a crime against the People of the State of Florida. Get it? That's what a crime is. By the way, if you haven't seen the old movie Burning Bed with Farah Fawcett, try to.

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Asker

Posted

Yes I have seen that Movie But My Situation Is Nothing Like Her In The Movie we Just had a Simple arguement over our Relationship and I got Upset and He was trying to calm me down cause we both over reactted and i called the cops to scare him i guess

Posted

We cannot advise you not to go to court when subpoenad. You should follow the law. However, I can tell you that in most cases if there is no victim to testify at trial, the State drops the charges.

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Asker

Posted

so if i show up to my Interview appointment which i was subpoenad to go to and If i tell them i want to drop the charges and that I dont want to testify can they hold me in contempt and put me in jail like the Other Lawyer stated above

Posted

the prosecutor has the final say and the request not to prosecute has to go before the judge.

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