Can a domestic violence case be dropped in Georgia? Find out in this comprehensive guide from our top-rated criminal defense team. Unfortunately, domestic violence cases tend to be more common than what people would like to believe. However, it is critical to note that many family violence charges are dropped and never go to trial. In some instances, a domestic assault case may be settled outside court, and the alleged victim and the defendant come together to request the prosecution to drop the case. In other instances, the accuser may refuse to
cooperate with the prosecution, or the prosecutor might not have sufficient evidence to prosecute the family violence charge. Whatever the reason, it is critical to work with a skilled criminal defense attorney if you have a family violence charge. With their experience, they can help you find options to settle disputes outside the court and avoid harsher punishments such as jail time that may result from prosecution and conviction. It is usually very difficult to get such a case dropped regardless of the alleged victim’s cooperation. While family violence victims often ask the state to dismiss the charges, it is usually up to the prosecutor to decide whether to go forward or not. In instances where the alleged victim has become uncooperative, the court may issue subpoenas to compel them to testify in court even if they are unwilling to do so. If you have a family violence case brought against you, you
should secure the services of a domestic violence lawyer as soon as possible. By working with an experienced lawyer from The Waltman Firm, you get the legal advice and representation you need to get favorable outcomes for your case. In most family violence cases, an intimate partner or spouse is usually not the one who calls law enforcement to the scene. Most of the time, the witness is a person or neighbor who hears a disagreement, who thinks they need to get involved. While you and your partner might tell the police that there is no need to do anything, the police may still arrest and charge you with domestic assault. These are usually serious charges that could hugely impact your life. It is very common for the alleged victim of the crime to be the one who bails you out as they may not believe themselves to be a victim or do not think your actions warrant a court case. Given the alleged victim’s unwillingness to cooperate, they may try to get the state to drop the charges. Under the law, the only people that can determine if there are grounds for a family violence charge are the law
enforcement officers who report to the scene and the prosecutor who reviews the police report. If the police officers believe a crime was committed, they will write a report and send it to the prosecutor even if the accuser says otherwise. According to the law, victims of family violence can neither insist that charges are dropped nor ask the state to press charges. The accuser has no power to convince the prosecutors or the police to press charges. Nonetheless,
they can still play a massive role in your defense strategy, given that they can work with defense attorneys to present a version of events in court that shows a criminal act was not committed. Domestic violence cases can be quite complex, which is why you require the services of a domestic violence attorney. A lawyer will provide you with the advice you need on the many options available to you. By working with the lawyers at the Waltman Firm, you can get the legal advice and
representation you need in your case. There are several reasons why prosecutors may decide to not prosecute family violence cases that include: The experienced and skilled lawyers at The Waltman Firm know all the different options available if you have been charged with domestic assault. Using our years of experience, we will do our best to try to get your domestic assault charges dismissed.
Under Georgia law, a person arrested and charged may get their case dropped by asserting immunity defense or self-defense based on getting involved to protect others. Either defense will be available to you if you can prove that you were not the aggressor in the case. Moreover, as a response to the initial assault, the accosted person can defend himself. This defense has been used in Georgia family violence battery charges as one can get the charges thrown out if they claim they were defending themselves or standing their ground. The most common affirmative defense is self-defense. This is often successful if one can prove that their spouse has either a criminal record, a history of alcohol abuse followed by violent conduct, or incorrigible acts while drunk. Using this as a defense strategy, one will need to find witnesses, including prior reports of police of disorderly conduct while drunk and accounts of neighbors, relatives, or children. Similarly, self-defense may extend to standing up to an assailant attacking an elderly parent, child, or another household resident. This can be a valid claim if the intervention is suitably restrained to the extent of the situation. How to Convince a Prosecutor to Drop ChargesIt is impossible to know if a case will go to court before the case moves forward unless you consult with a lawyer. However, there are several things to do to get ready for a trial and protect your rights that include:
If you are looking to get a domestic assault case dropped, you need to contact the Waltman Firm. We have experience representing clients for TPOs and restraining orders, among many other services. We may help you with your family violence case. What Happens if I Drop Domestic Violence Charges?Since domestic violence is a crime, it is not up to you to drop the charges. Most people mistakenly believe that the victim can drop the charges, but this is not the case, given that criminal charges are usually brought by the state and not the victim. As such, since the victim did not bring forth the charge, they cannot drop it. The only party that can drop the charge is the state through the prosecutor’s office. Still, it is critical to remember that while the alleged victim cannot bring criminal charges, they still have an essential role in the proceedings. The victim’s role in the case may include testifying against the abuser. It is important to note that the victim may refuse to cooperate with the prosecution, but this could have consequences such as being subpoenaed and being slapped with fines for being a hostile witness. A victim may get a family violence charge dropped by changing their statement, which happens 80-90 percent of the time. While recanting could get the charges against the accused dropped, it could land one in hot water as you could face criminal charges for lying to the court and law enforcement. A family violence situation can be emotionally challenging and confusing, so you need to secure the services of a criminal defense attorney. By working with a skilled and experienced domestic violence advocate, you can get the legal advice you need on the options available. Contact The Waltman Firm if you have been charged with family violence, and we may be able to help you with your case. We have helped many clients who needed representation or to drop cases against their spouses. Call us today, and our domestic violence lawyer will provide all the legal advice you need.
Can a victim drop charges in GA?A. The victim in a family violence case cannot "drop" charges or "press" charges once the Page 4 84 case is submitted to the prosecutor from the law enforcement agency. The decision whether or not to proceed with prosecution of the case is made solely by the prosecutor.
Can I withdraw my statement in a domestic violence case?If you withdraw your statement, the case might still go to court if the police think they have enough evidence to prosecute the suspect. If you want to withdraw your statement because you're worried about giving evidence, you should tell the police how you feel.
Can police press charges if victim doesn't want to?Contrary to what most people think, the police can issue charges even if the victim asks them not to go forward. If the police charged you even though the alleged victim doesn't want to pursue a criminal complaint, you still need an experienced and dedicated criminal defense lawyer on your side.
What happens when a person drops charges?What happens if a charge is dropped? If a charge is dropped before trial, there will be no criminal trial. This means that your case will not proceed to litigation before a judge and jury, and you do not have to give evidence in court or risk being found guilty.
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