Skip to main content

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

  1. 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.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!

  2. 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.

  3. 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.

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

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics