Can Police Press Charges if Victim Doesn't Domestic Violence

I of the about mutual questions that top Connecticut criminal lawyers go every day from both victims of domestic violence and clients accused of domestic violence is - "Can the victim drib the charges?" The short reply is no they can't. But the state of affairs is a lot more complicated, and I'one thousand going to explain the situation in more particular.

Many Victims of Domestic Violence Desire to Drop the Charges

It may seem ironic only usually, the get-go contact person who calls into our Stamford criminal defense law business firm is the victim of a domestic violence case who wants to driblet the charges and who is upset because the police and the State'due south attorney will not heed to them. (Notice I say "them" and non "her" - victims of domestic violence come up in all genders, ages, sexual orientations and, races). I tin imagine how frustrating it can be for both the victim and the accused when the victim does not desire the prosecution to continue and even so the State of Connecticut wants to continue to remain involved in the relationship by continuing the criminal prosecution and the orders of protection. Without a dubiousness, there are cases where in that location is a historical blueprint of ongoing abuse where the Country's attorney should rightfully not mind to a victim who wants to reunite with the abuser due to the obvious public safety concerns that exist. Notwithstanding, the vast majority of domestic violence cases that we defend involve relatively small-scale, isolated incidents in otherwise happy and problem-free relationships.

Mandatory Arrest is Required

When the police are called to investigate whatsoever allegation of domestic violence, they are required to abort someone if they find probable cause that any crime has occurred - even if the victim does not want to press charges and does not make a statement or speak to the police. For example, if a witness or a neighbor calls the police to complain that they can hear an argument between a husband and wife and the constabulary respond, the husband may get arrested for breach of peace or disorderly conduct fifty-fifty if the wife says that she does not want to press charges if the police can determine that there is bear witness that the husband was yelling at the wife in a loud and calumniating manner either from witness accounts or the admissions of the husband. This is ane of the tiptop reasons why we always suggest everyone who is the subject of a domestic violence investigation past the police force to always remain silent, pass up to answer any questions and insist on the right to speak with a Stamford domestic violence attorney.

It may seem unfair, overly burdensome and intrusive but the Legislature has elected to have abroad all discretion from the police departments by requiring mandatory arrests in all cases and letting the courts and the function of family unit relations sort it all out after.

Of course, a call to 911 is always recommended for anyone who is in concrete danger or who has been physically injured. However, we have seen many situations where 2 people who are in a heated argument that is probable not to turn physical resort to calling 911 as a means of "getting the upper hand" in the statement. This results in the intrusion of the State of Connecticut into the relationship, family and a lot of lasting unintended consequences similar the publication of online abort information that is very embarrassing not to mention the inconvenience and expense of coming to court to resolve the case. Occasionally, these arrests tin can have employment consequences for the accused, (depending on the type of piece of work they are engaged in) and everyone feels very badly later the fact.

The State's Attorney Prosecutes Domestic Violence Cases Not the Victim

The general public seems to have a common misconception that a victim has the right to either printing or drop criminal charges in a domestic violence case. This is not accurate. On the contrary, even if the victim wants to drib charges the State'south attorney may decide later reviewing all the facts that it is in the Country'southward best interests to continue prosecuting the case. The victim'due south input is very important and under our Constitution, all victims of crimes have the right to be heard throughout the proceedings and phonation their concerns to the court. However, those rights do not extend to being able to drop the case.

Many Victims of Domestic Violence Want to "Driblet the Charges"

The reality is that a lot of domestic violence cases are brought in the rut of the moment and when people calm down the post-obit twenty-four hours, they deeply regret the state of affairs and want to undo the damage. This is particularly the case when residential stay-away orders are issued and loved ones have to move out of homes and families are cleaved upwards. Understandably, many victims volition contact the office of the State'south attorney and victim's advocate and request that the case be dropped and the guild of protection be removed or modified. With so many victims wanting to take the charges dropped the State's chaser becomes virtually numb to these requests as they are so common. At the end of the day, the cases are candy based upon the facts alleged in the police reports and the input of the office of family relations.

The Victim Tin Non "Drop" the Charges But the Victim'southward Input is Very Important to the Disposition of the Example While ultimately the victim can not driblet the charges in a domestic violence case, the input from the victim is crucial to the disposition of a domestic violence example. In those cases where the victim is out for blood, aggressively seeking a guilty plea and or a continuing criminal order of protection it can be much more difficult to obtain a favorable resolution. Of course, if the facts are on your side and y'all have a skilled Stamford domestic violence attorney fighting on your side you can still get a positive outcome even if the victim is not "on lath" simply it makes it and so much harder. While the victim does not drive the bus in terms of being in charge of determining what the State's attorney is going to exercise in a particular instance, having positive victim input can be very helpful for your instance.

Never Attempt to Pressure level or Coerce the Victim into Changing Their Position

Assuming that you do not take whatsoever no-contact order of protection in place which prohibits any contact at all with the victim it seems that oft a topic of conversation with parties going through a domestic violence case is the criminal instance itself. I want to sound a warning near these kinds of conversations, because pressuring or coercing the victim in a domestic violence case can put you lot in much more serious problem.

You must never attempt to contact a victim in a criminal case and attempt to pressure or coerce them into altering their position or testimony in the case. Kickoff of all, in nearly every domestic violence case there is at least a fractional order of protection then if you attempt to pressure the victim you are violating a criminal order of protection which is a serious felony. Also, in every case attempting to put pressure on whatsoever victim can expose yous to the charge of tampering with a witness which is a class C felony punishable by up to 10 years in jail. I always recommend that defendants in domestic violence cases never fifty-fifty hash out the awaiting criminal instance with the victim. While it may exist very tempting to appoint the victim in conversations most the example, peculiarly when the victim is the one who is initiating the conversation, you just have fashion too much to lose by doing so.

The Same Lawyer Tin can Never Represent Both the Accused Defendant and the Victim in any Criminal Case While the victim does not need to retain an chaser, oftentimes doing and so can exist helpful to make the case move along quicker. If the victim does not have an attorney then the victim'south interests will be represented past the victim's abet who will read a brief report to the Court upon request indicating the victim's position. If the victim retains an attorney, that attorney can be more proactive in working to push to get the victim's position heard. The victim should always retain their own lawyer to represent their interests in the case. It is an impermissible conflict of involvement for your Stamford domestic violence lawyer to represent you and also correspond the victim at the same time.

Decision

While the victim can't "drib" the charges in a domestic violence case the input from the victim is a really important gene in the determination of a domestic violence case. Having a cooperative victim who wants to see the example against you go way can go a long way towards achieving a favorable resolution of your example.

Why Choose the Law Offices of Allan F. Friedman?

• Available 24/vii - 365 days a yr/emergency response line
• 28 years of experience defending domestic violence allegations
• We fight for your rights and focus on results that work
• Costless initial consultation
• Reasonable flat fees
• We will coordinate a bond bail agent to secure your release

The strategy to resolve any particular example depends on the facts of the case itself. With over 28 years of experience in defending domestic violence cases, Chaser Allan F. Friedman will leave no stone unturned to defend your rights and obtain the all-time result possible. Our Stamford domestic violence law firm offers a free no-obligation case evaluation so that nosotros can review your legal rights and our defense strategy. To schedule your gratuitous consultation contact Allan F. Friedman at the Law offices of Allan F Friedman 24/7 at (203) 357-5555.

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Source: https://www.allanffriedmanlaw.com/can-victims-of-domestic-violence-drop-the-charges.html

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