Trial without the victim or cooperation. What will happen in broward county?

I had a domestic dispute that lead to an arrest. I has actually attack and i defended myself by holding the attacker. The police did not buy my story (which is a fact) and because the vicitim had red around chest area wrote down that i tried to strangle. The vicitim went to the court clerk to express that this is not true and it did not happen. I'm being falsely accused by the police officer and the state.

Fort Lauderdale, FL -

Attorney Answers (1)

Eric J Trabin

Eric J Trabin

Domestic Violence Lawyer - Winter Park, FL
Answered

The Clerk of the Court has no power to do anything to a case. They simply process paperwork. If the victim wishes to drop charges, she should go to the State Attorney's Office and request to file a "Declination of Prosecution." That is a form in which a victim says they don't want to press charges. They write out by hand what they want to happen in the case and they should say why.

Keep in mind that the victim can only provide input. It's not like TV where if the victim says they want to drop charges then it automatically happens. The prosecutor will examine the case to see if it can be proven without the victim. This can happen based on if there is a 911 call, if there are photos, if there are any other witnesses, and what the suspect is alleged to have said to the police. The prosecutor may try to force the victim to come to court with a subpoena.

You should have an attorney. The attorney can talk to the victim on your behalf (because it is likely that you are not allowed to) and they can also talk to the prosecutor on your behalf.

Please feel free to email me if you have any questions.

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