Legal Question in Criminal Law in Florida

both parties wish to drop domestic battery charges

Can domestic battery charges be dropped if both parties agree.

My wife and I were both arrested for domestic battery.

We had a fight. It got physical. Just minor stuff.

We are both very remorsefull and ashamed. We are entering marriage counseling and just want to drop the charges against each other. Is this possible?

Thanks.

Robert


Asked on 1/02/06, 2:07 pm

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: both parties wish to drop domestic battery charges

Technically no, you do not have the power to "drop charges". Only the state can do that. You are both just witnesses for the state's cases. In reality, however, when victims don't cooperate with he state the case gets dropped 9 out of 10 times. I had two cases in the last two months where the case got dropped becuase the victim did not cooperate. You need to tell the state of your position, and give a affidavit declining to prosecute to your lawyer. Please call my office today if I can be of service getting your cases dropped.

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Answered on 1/02/06, 2:28 pm
W. Grey Tesh W. Grey Tesh, Florida Criminal Defense Lawyer

Re: both parties wish to drop domestic battery charges

Robert, only the State of Florida can drop the charges. You and your wife should be represented by different attorneys because of the conflict of interest. I have handled hundreds of domestic battery cases like yours. Good luck with your counseling.

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Answered on 1/02/06, 3:37 pm


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