Victims of domestic violence often call my office and say that they want to "drop the charges" against their husbands (or boyfriends, girlfriends, etc.). Unfortunately, I have to explain that DV cases aren't that simple. The decision to file / prosecute / negotiate / dismiss a domestic violence charge rests entirely with the District Attorney. Just as individual victims cannot personally file criminal charges, individuals cannot simply dismiss criminal charges once they have been filed by the DA. That doesn't mean that the case is hopeless or that the defendant will definitely be convicted, though. It just means that the "victim" has very little control over how the criminal case will proceed.
As the DA sees it, people who hit their partners and spouses don't just commit crimes against those victims, they commit crimes against the "People of the State of California". If prosecutors believe that the evidence supports a conviction, the DA will aggressively pursue a case regardless of the actual victim's wishes.
In many DV cases, prosecutors can easily prove the defendant guilty even without the victim's cooperation. If the victim called 911 and described the abuse as it was happening, police arrived and found the victim injured, the defendant was drunk and admitted to the crime, etc., then the DA probably doesn't need a credible victim to establish what happened here. Prosecutors might have an audio recording of the 911 call, footage from body-worn cameras as police responded and spoke with witnesses, photos of injuries, etc. Even if the victim refuses to testify in a case like that, the prosecutor can probably prove the crime based on the totality of the other evidence.
In many DV cases, though, the facts aren't so clear-cut. Maybe neighbors called the police but they didn't actually see anything. When police arrived, both husband and wife were drunk, some property was broken and both had scratches on their arms. If the wife is screaming and the husband is refusing to answer any questions, the husband will probably spend a night in jail. If the DA picks up the case, they will seek harsh penalties against the husband. They will not simply dismiss the case just because the wife asks them to.
That doesn't mean the DA always gets what they want, though. An experienced criminal defense attorney can work with a cooperative "victim" to collect and prepare helpful evidence. This may include additional witness statements that were not taken as part of the initial police investigation -- and statements that may have "evolved" since they were recorded in the police reports. It can also include things like audio recordings, text messages, surveillance camera footage, medical records, or anything else that pokes holes in the prosecutor's story. By the time we're done with a cooperative "victim", the DA's case might be a lot weaker than they initially understood it to be. Once the case starts to fall apart, prosecutors may be forced to negotiate or even dismiss the case entirely.
If you or a loved one is listed as an alleged "victim" in a domestic violence case, call us for a free attorney consultation. (714) 449-3335. Ask for John. Don't ever talk to police or prosecutors without calling us first.
Thanks for reading.
Fullerton Domestic Violence Lawyer
In many DV cases, though, the facts aren't so clear-cut. Maybe neighbors called the police but they didn't actually see anything. When police arrived, both husband and wife were drunk, some property was broken and both had scratches on their arms. If the wife is screaming and the husband is refusing to answer any questions, the husband will probably spend a night in jail. If the DA picks up the case, they will seek harsh penalties against the husband. They will not simply dismiss the case just because the wife asks them to.
That doesn't mean the DA always gets what they want, though. An experienced criminal defense attorney can work with a cooperative "victim" to collect and prepare helpful evidence. This may include additional witness statements that were not taken as part of the initial police investigation -- and statements that may have "evolved" since they were recorded in the police reports. It can also include things like audio recordings, text messages, surveillance camera footage, medical records, or anything else that pokes holes in the prosecutor's story. By the time we're done with a cooperative "victim", the DA's case might be a lot weaker than they initially understood it to be. Once the case starts to fall apart, prosecutors may be forced to negotiate or even dismiss the case entirely.
If you or a loved one is listed as an alleged "victim" in a domestic violence case, call us for a free attorney consultation. (714) 449-3335. Ask for John. Don't ever talk to police or prosecutors without calling us first.
Thanks for reading.
Fullerton Domestic Violence Lawyer
