Can Domestic Violence Charges Be Dropped in Carrollton, Georgia?

Domestic violence cases often arise when family members have a heated argument. Suddenly, the cops are called, and before you know it, you are bundled into the back of a police cruiser in handcuffs. A disagreement that might have blown over in a couple of hours is suddenly the basis of a criminal prosecution.

Moffitt Law, LLC, has defended many clients accused of domestic violence. A common question is, “Can domestic violence charges be dropped?” Unfortunately, domestic violence charges in Georgia cannot be dropped by the alleged victim. Once the state gets involved, it is up to the prosecutor to decide whether to go ahead and file charges against an alleged abuser. Contact our office to speak with a Carrollton, Georgia, domestic violence lawyer about what steps to take to protect your freedom.

Can Domestic Violence Charges Be Dropped?

It is extremely hard to get charges dropped. Ultimately, the decision whether to go forward rests with the state. The alleged victim can certainly ask to have the charges dropped, but there’s no guarantee the prosecution will agree. The state is charged with defending the public interest, which is broader than what the victim wants.

Even if the victim is uncooperative, the state can still push forward with a case. They can issue a subpoena and compel a person to testify. If the victim refuses, they could face criminal charges of their own.

Also, the state can use other evidence to prove domestic violence, including:

• Phone calls
• Police officer testimony
• Any witnesses to the incident
• Video or dashcam footage

This evidence might be strong enough on its own to secure a conviction, regardless of whether the victim wants to participate or not. Each case is different, but the cooperation of the victim is not always necessary to convict a person of domestic violence.

How to Get Domestic Violence Charges Dropped

The best way to get charges dropped is to hire an experienced criminal defense lawyer who can gather evidence and open negotiations with the prosecution.

The fact that the state can bring charges without the victim’s consent doesn’t mean the state will. Many considerations go into whether to file charges for domestic violence:

• The strength of the evidence. There might not be many independent witnesses to the event, so the prosecution might hesitate to move forward. They do not want to sink hundreds of hours into a case that results in an acquittal.
• The defendant’s criminal history, including any previous domestic violence charges. If the defendant has multiple arrests already, then the state will probably not be lenient.
• How much time has passed since the incident. Evidence is harder to find the more time that has passed.
• Whether the alleged victim can be located, although the victim doesn’t decide whether to drop charges, their availability is certainly a consideration.

All things considered, it might be that the prosecution decides to drop charges or offer a plea deal which allows the defendant to plead guilty to a lesser charge.

An attorney is a big help in these cases. Instead of searching the internet for “domestic violence drop charges,” you should call our office. Our firm can present the evidence in a light that is most favorable to our clients. The prosecution has hundreds of cases that could be filed each year, and state resources are limited.

What You Should Do Immediately if Charged with Domestic Violence

The best first step is to call our office. You should avoid reaching out to the victim to smooth things over. Instead, let your lawyer handle all communications.

You are also probably subject to an order of protection, which will limit your contact with the alleged victim. You must abide by the terms of this order, at least until it expires or is dissolved.

Many people immediately reconcile after a big fight, but there are legal consequences if you are caught violating the terms of a protective order. The police can arrest you, and, once again, the victim doesn’t get to decide if you are prosecuted for violating the order.

Contact Our Domestic Violence Defense Lawyer

These cases are often more complicated than the state lets on. Many of our clients were simply acting in self-defense when the cops showed up. They do not deserve to have a criminal record and suffer other penalties for what was a misunderstanding. Contact Moffitt Law, LLC, to talk with our office about how to defend against domestic violence charges in Georgia. We have the experience men and women need in times like these.