How To Press Charges For Domestic Violence

One of the most mutual questions that top Connecticut criminal lawyers become every day from both victims of domestic violence and clients defendant of domestic violence is - "Can the victim driblet the charges?" The brusk reply is no they can't. But the situation is a lot more than complicated, and I'm going to explain the situation in more detail.

Many Victims of Domestic Violence Want to Driblet the Charges

It may seem ironic but usually, the kickoff contact person who calls into our Stamford criminal defence force police force house is the victim of a domestic violence case who wants to drib the charges and who is upset because the police and the State'due south attorney will non listen to them. (Discover I say "them" and non "her" - victims of domestic violence come in all genders, ages, sexual orientations and, races). I can imagine how frustrating it can be for both the victim and the accused when the victim does not want the prosecution to go along and even so the Country of Connecticut wants to continue to remain involved in the human relationship past standing the criminal prosecution and the orders of protection. Without a uncertainty, there are cases where there is a historical design of ongoing abuse where the Country's attorney should rightfully not listen to a victim who wants to reunite with the abuser due to the obvious public safety concerns that exist. However, the vast majority of domestic violence cases that we defend involve relatively minor, isolated incidents in otherwise happy and problem-free relationships.

Mandatory Arrest is Required

When the police force are called to investigate any allegation of domestic violence, they are required to arrest someone if they notice 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 law. For case, if a witness or a neighbor calls the constabulary to complain that they tin can hear an statement between a husband and married woman and the police respond, the married man may go arrested for alienation of peace or disorderly bear even if the wife says that she does not desire to press charges if the police can decide that there is testify that the husband was yelling at the wife in a loud and abusive manner either from witness accounts or the admissions of the married man. This is i of the top reasons why we always propose everyone who is the subject of a domestic violence investigation past the constabulary to always remain silent, decline 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 just the Legislature has elected to take away all discretion from the police departments past requiring mandatory arrests in all cases and letting the courts and the function of family unit relations sort it all out subsequently.

Of course, a call to 911 is e'er recommended for anyone who is in concrete danger or who has been physically injured. Nonetheless, we accept seen many situations where two people who are in a heated statement that is likely non to plough physical resort to calling 911 every bit a ways of "getting the upper hand" in the argument. This results in the intrusion of the Country of Connecticut into the relationship, family unit and a lot of lasting unintended consequences like the publication of online arrest information that is very embarrassing not to mention the inconvenience and expense of coming to courtroom to resolve the case. Occasionally, these arrests can take employment consequences for the accused, (depending on the type of work they are engaged in) and everyone feels very badly after the fact.

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

The general public seems to have a mutual misconception that a victim has the right to either press or drop criminal charges in a domestic violence case. This is not authentic. On the contrary, even if the victim wants to driblet charges the Country's attorney may decide after reviewing all the facts that information technology is in the State's all-time interests to continue prosecuting the example. The victim's input is very important and under our Constitution, all victims of crimes have the right to be heard throughout the proceedings and voice their concerns to the court. However, those rights do not extend to being able to drop the instance.

Many Victims of Domestic Violence Desire to "Drop the Charges"

The reality is that a lot of domestic violence cases are brought in the heat of the moment and when people calm downwards the following twenty-four hour period, they deeply regret the situation and want to undo the damage. This is especially the case when residential stay-away orders are issued and loved ones have to motion out of homes and families are broken up. Understandably, many victims volition contact the part of the State'south attorney and victim's abet and request that the case be dropped and the society of protection exist removed or modified. With and so many victims wanting to have the charges dropped the State's attorney becomes almost numb to these requests as they are so common. At the end of the twenty-four hour period, the cases are candy based upon the facts declared in the police reports and the input of the office of family relations.

The Victim Can Not "Drop" the Charges Simply the Victim'south Input is Very Important to the Disposition of the Example While ultimately the victim can not drib the charges in a domestic violence instance, the input from the victim is crucial to the disposition of a domestic violence case. 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 accept a skilled Stamford domestic violence chaser fighting on your side you can still get a positive consequence even if the victim is not "on board" simply it makes it then much harder. While the victim does non drive the motorbus in terms of being in charge of determining what the State's attorney is going to do in a detail case, having positive victim input can be very helpful for your example.

Never Try to Force per unit area or Coerce the Victim into Changing Their Position

Assuming that you practise not have any no-contact order of protection in identify which prohibits any contact at all with the victim it seems that ofttimes a topic of conversation with parties going through a domestic violence case is the criminal example itself. I desire to audio a warning about these kinds of conversations, considering pressuring or coercing the victim in a domestic violence case can put you in much more serious trouble.

You must never attempt to contact a victim in a criminal example and attempt to force per unit area or coerce them into altering their position or testimony in the case. Start of all, in nearly every domestic violence case there is at to the lowest degree a partial club of protection so if you endeavor to pressure the victim you are violating a criminal social club of protection which is a serious felony. Also, in every case attempting to put pressure level on whatsoever victim can expose you lot to the charge of tampering with a witness which is a form C felony punishable past up to 10 years in jail. I always recommend that defendants in domestic violence cases never even discuss the awaiting criminal instance with the victim. While it may be very tempting to appoint the victim in conversations about the case, particularly when the victim is the 1 who is initiating the conversation, you lot only have way too much to lose by doing so.

The Same Lawyer Can Never Stand for Both the Accused Accused and the Victim in whatever Criminal Case While the victim does not need to retain an attorney, oftentimes doing so tin 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 by the victim's advocate who will read a brief study to the Courtroom upon asking indicating the victim'south position. If the victim retains an chaser, that attorney can exist more proactive in working to push to get the victim's position heard. The victim should always retain their own lawyer to correspond their interests in the case. Information technology is an impermissible conflict of interest for your Stamford domestic violence lawyer to represent you and too represent the victim at the same time.

Conclusion

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

Why Cull 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
• Free initial consultation
• Reasonable apartment fees
• We volition coordinate a bail bond agent to secure your release

The strategy to resolve any particular instance depends on the facts of the instance itself. With over 28 years of experience in defending domestic violence cases, Attorney Allan F. Friedman volition leave no stone unturned to defend your rights and obtain the best result possible. Our Stamford domestic violence constabulary house offers a free no-obligation example evaluation so that nosotros tin review your legal rights and our defence force strategy. To schedule your free consultation contact Allan F. Friedman at the Law offices of Allan F Friedman 24/vii at (203) 357-5555.

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

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