Legal Question in Criminal Law in Florida
domestic violence
My husband was charged with domestic violence by another female. The report she wrote was a lie and she dropped charges. With FL being no drop state DA picks up. We have 4 witnesses to testify on my husbands behalf to the charges. Is it possible that with all the evidence we have that the DA will decide not to persue charges? Thank you for your help.
1 Answer from Attorneys
Re: domestic violence
Your question is hard to answer because domestic violence usually involves a wife or girlfriend or family member. Since you are the wife, Im wondering who the victim would be. There is no such thing as a "no drop policy" in reality. What they mean is just because a victim decides not to pursue a case, they will not drop the case automatically based on her wishes. There are a lot of reasons for this. So when you say she "dropped" the charges, she really can't, as she is not bringing the charges, the State is. She is merely a State witness who they can subpoena to testify. If she made a false accusation she needs to tell the State in writing.Since I dont know what the 4 witnesses will say its hard to say. If they are eyewitness, that could lead to something. The State often ultimately nolle prosses cases when they have an uncooperative victim and feel they don't have a good faith basis to go forward based on all the evidence.
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