You may have heard that a prosecutor cannot pursue a domestic violence case if the victim decides not to press charges. This is not usually true, however. Now that your partner has been arrested and charged with domestic violence, you probably cannot simply decide you made a mistake. You and your partner may need a Charlotte criminal defense attorney to assist.
Management of Domestic Violence Charges
It’s a misrepresentation of the legal system when someone says that a victim decided to drop charges. That can only be done by the prosecuting attorney’s office.
The way the prosecuting attorney’s office handles domestic violence cases depends on several factors. These include the severity of the victim’s injuries, whether the arrested person has a history of these incidents, and whether or not the victim will act as a witness favorable to the prosecution.
What a Defense Lawyer Can Do
Your Charlotte criminal defense attorney can file a motion to have the charges dropped or reduced, or the case dismissed, noting that you do not want to pursue the matter. If the abuse did not result in injury and if the prosecution could only call you as a hostile witness, the prosecuting attorney will probably not want to proceed to trial. However, this attorney may want to make sure your partner receives some form of sanction.
Your lawyer might arrange a plea bargain with the prosecutor. In a plea bargain, your partner would plead guilty in return for lower penalties than would otherwise be the case. Instead of doing any jail time, for example, he or she might have a set time of probation and be required to perform community service.
Your Next Step
Contact Hunter & Everage Law Firm PLLC for a consultation. You will learn more about your options and how best to proceed. Information on this organization can be viewed at website.
