Can the victim "drop the charges" after alleging domestic violence?
No. Once the police get involved, it is out of the victim's hands. Once a person is charged with domestic violence, it is very difficult to get the charges dropped, no matter how hard the victim may fight for it. The victim can approach the prosecutor's office and try to get the charges dropped, but the decision belongs to the prosecutor, not the victim. A criminal action involves a crime against the state, not against a particular victim.
Why won't prosecutors drop domestic violence charges when the vicitm requests it?
In general, prosecutors won't drop domestic violence charges because they don't want to send the message to the defendant that he can get away with it. But there are a lot of variables involved in a decision to prosecute a case, for example, the defendant's criminal record, the victim's injuries and/or whether children were involved. The prosecutors may decide that it is just not in their best interest to go forward with the case.
Why do you need an experienced domestic violence defense attorney?
Without proper legal advice, both parties may find themselves in a "no win" situation. Get the best attorney you can afford-someone with a lot of experience in domestic violence cases who practices in the court where the case will be filed. A skilled criminal defense attorney may be able to use the fact that the victim is unwilling to cooperate and leverage that to obtain a favorable result for the defendant (i.e., to have the charges dismissed or otherwise disposed of). The criminal defense attorneys at Stephen G. Rodriguez & Associates are aggressive and experienced with Los Angeles domestic violence cases. They have a proven track record!
Law Offices of Stephen G. Rodriguez
633 West 5th Street, 26th Floor
Los Angeles, California 90071