By Law Office of A. Oliver Hassibi
January 2, 2015
During a heated argument, a husband, wife, girlfriend or boyfriend may decide that it would be best to call the police. What they may not realize is that this could initiate a series of events that are no longer in their control. Once law enforcement is involved in a domestic dispute, an arrest will almost always be made. Even if the alleged victim does not want to press formal charges, this may not be their decision to make.
Domestic violence charges are brought by the state, which means that it is up to the prosecutor to decide whether or not they would like to pursue a case against the accused.
Unfortunately, this happens all too often. The alleged victim of a domestic assault calls the police and reports the incident – resulting in their spouse’s arrest. Shortly thereafter, they decide that they would like to drop the charges. At this point, it may be too late.
Even if they recant their statement, the state could still decide to pursue the case at trial. In some cases, the prosecutor may offer the defendant a plea bargain or reduce the charges, but it is unlikely that the criminal charges will be dropped altogether.
If evidence suggests that a crime was committed, the state could move forward with the case—with or without the victim on their side. While not ideal for the prosecution, the victim may be called to testify as a hostile witness. Even if the victim wants to drop the charges, you could still face prosecution.
Cases involving domestic violence are often handled differently than other criminal cases. Why? The state is interested in protecting the victim. Prosecutors want to ensure that a battered spouse does not change their story because they were bullied into it by the defendant—which means that they may choose to pursue a domestic violence case regardless of whether or not the victim is on board. While this may be good news for victims, the result is that a number of innocent people are arrested.
Only the prosecutor can decide whether or not to drop the charges, which is why you will need an experienced defense attorney by your side if you have been wrongfully accused of domestic violence. A guilty verdict could result in hard time behind bars and hefty fines, so you shouldn’t take any chances.
Were you arrested for domestic assault in Fort Worth, TX? We may be able to negotiate with the prosecutor to secure a reduction or dismissal of your charges. I have successfully represented numerous clients faced with domestic violence charges, so you can trust that your future will be in competent hands when you come to my firm for help. Not only can I put more than a decade of legal experience to work for your defense, but I will even review your case for free.
All you have to do is contact my office to set up a free initial consultation. Call now to get started!