Legal Question in Criminal Law in Florida

Re: domestic violence

the victim does not have the power to drop charges once the state attorney files them. all you can do is tell the state you wish them dropped.

Re: domestic violence

You can go in to the office and fill out a drop charge request. You can consider retaining your own lawyer to see that your wishes are listened to more seriously by the state and the judge.

Scott H. Cupp

Law Office of Scott H. Cupp, LLC

400 Executive Center Drive, Suite 201

West Palm Beach, FL 33401

Re: domestic violence

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

In many counties, once the complaint is made, the victim loses the right to drop charges. The State of Florida is the party who files the complaint and only the State can drop the charges. It may be hard for the State to prosecute without the help of the victim and the victim's testimony, but it can be compelled. Also, the State can use excited utterances made to the 911 operator or police officer who responded as evidence.

Scott R. Jay, Esq.