Please Note: Izquerido Law Firm remains open and available to serve you and meet your criminal defense, DUI defense and Federal Crimes attorney needs during the COVID-19 crisis. We can meet with clients, existing or new, in person, over the phone or with your preferred video-chat application. Please call our office at 305-707-7345 to discuss your options.

If my partner decides to drop the domestic violence charges against me, am I off the hook?

Domestic Violence Accuser With Hand Up in the Air Izquierdo Law FirmMaybe a fight got out of hand, and a neighbor called the cops. Or maybe your partner thought you were a threat and called the police. Whatever led to the police getting involved, if they believe the accuser, and you are arrested and charged with domestic violence, it will not be easy to get out of it—even if the accuser takes their story back. That is why you must call an attorney as soon as you are arrested, even if you believe it is all a misunderstanding that will be cleared up.

Accusers Do Not Have the Power to Drop Charges

In the moments after an incident, the accuser holds all the power. You may be able to explain what happened and talk him or her out of calling the police, but once the call is made, it is out of the accuser’s hands. If you are arrested, it is up to the prosecutor to decide whether to pursue charges or not. Even if the accuser withdraws the complaint and refuses to testify against you, the charges could stand, and you could be facing a trial and jail time. Without an accuser, prosecutors could use the following to support their case against you:

Evidence Collected At The Scene 

If there are signs of a struggle or your partner is obviously injured, the police will take pictures and present this evidence to the prosecutor. Even if the accuser later explains away the evidence, the prosecutor may not believe the story.

Witness Testimony

Police may also talk to neighbors. If they report that they have heard shouting or seen signs of fighting at your home, this will be strong evidence against you, even without a statement from your partner.

Criminal Record 

If you have previous arrests on your record or have had complaints filed against you in the past for any violent crime, prosecutors will assume that you are capable of domestic violence, regardless of your partner recanting the complaint.

Without an experienced Florida domestic violence defense attorney on your case, you won’t have a prayer of getting the charges reduced or dropped.

Have You Been Accused Of Domestic Violence In Florida?

You and your partner may not be at a good point in your relationship right now, but if your partner takes that a step further by accusing you of domestic violence, you need to fight back to protect your freedom. If you are frustrated about a domestic violence charge that is disrupting your life you need to speak with an experienced domestic violence defense attorney as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

I also recommend that you download a free copy of our special report "He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case In Florida".  The sooner we talk, the sooner we will be able to help you fight the charges that could change your life forever.

 

Daniel Izquierdo
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Coral Gables defense lawyer helping clients accused of Federal Crimes, DUI, Domestic Violence & Sex Crimes.