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Can my case get dismissed on a calendar call? I was arrested for domestic battery, first offense, no priors, no charges filed.

Fort Lauderdale, FL |

I got into a scuffle with my brother and was arrested, first offense for domestic battery but my brother did not want me arrested and waived the no contact, requested the state to drop the charges, asked the cops to not arrest me and does not want to press charges against me at all and will not show up in court at all. It was something that got out of hand and we didn't think it would lead to the state now pressing charges against me. I know have a calendar call coming up and my brother will not show up for this at all. Can the charges be dropped on the calendar call if he doesn't show up and the evidence shows that he does not want to press any charges and will not show up to the calendar call? Please any help would be appreciated.

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Attorney answers 4

Posted

Unfortunately in these DV cases only the prosecutor can decide whether or not to drop charges. The best thing you can do at this point would be to assist your brother in hiring a local criminal defense attorney who has experience with domestic violence matters. Once you hire him a good attorney the attorney will know how to handle the situation.

http://lawofficeofwilliamdaley.com/domestic-violence-i-dont-want-to-file-or-press-charges-now-what

I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com

Posted

Typically in Broward County, the Domestic Violence prosecutors will not drop the case until the day of trial, if and only if there are no witnesses and the victim doesn't show up. Handling cases in Ft. Lauderdale, I have seen the State try to introduce statements by the defendant and/or victims through 911 calls. It is in your best bet to hire an experienced domestic violence attorney to help you in your case. Review my website to see if it answers any questions you may have.

Posted

This is not a do it yourself project. You need an attorney. A domestic violence conviction can drastically affect your life.

There is no confidentiality online. Volunteering to answer this question does not create an attorney-client relationship. The accused is presumed innocent until proven guilty beyond a reasonable doubt. The likelihood of a positive outcome- exoneration or a mitigated sentence- is increased with the help of an experienced criminal litigator. Seek out an experienced criminal litigator for a free consultation. If you cannot find one on Avvo, search at the National Association of Criminal Defense Lawyers (NACDL.org) Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members: http://tinyurl.com/8ru8wtv

Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

Posted

Short answer - no. The case will not be dropped at calendar call. Whether it will be dropped on the trial day depends on the specific facts and evidence in your case. Prosecutors in domestic violence cases are faced with the situation you describe in almost every case and that is why they are not willing to just drop charges because the victim does not want to prosecute. You need to talk to an attorney about this.

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