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You may never expect to find yourself in legal trouble, but it’s a situation that happens far more often than you realize. What you perceive as an argument may turn into an encounter with law enforcement officers and a domestic violence charge.
Domestic violence charges can significantly impact your life, but what happens if the accuser tries to drop the charges? Can the accuser drop the charges, or is it up to the prosecutor? Our team details what happens in these situations.
Accusers Cannot Drop Domestic Violence Charges
In most situations, a domestic violence report leads to an arrest. Because there is probable cause and the possibility of further danger, most officers will make an arrest. For many accusers, seeing their significant other in trouble with the law may cause them to rethink their accusations, and they may request to drop the charges.
A victim cannot drop criminal charges. Once law enforcement officers arrest you and the prosecutor issues the charge, the accuser can only recant their statement. They cannot stop the criminal process, but the accuser’s change of heart may help your situation.
When a Prosecutor Drops the Charges
A prosecutor may choose to drop the domestic violence charges for a number of reasons, including but not limited to the following:
- The prosecutor may not have enough evidence to show domestic violence
- The accuser’s statements may not add up
- The accuser doesn’t have injuries, bruises, or scars
- The accuser doesn’t have any witnesses
- The accuser recants his or her statement
While the accuser’s recanted statement won’t drop the charges, it can persuade the prosecutor to drop the charges.
Our Denver domestic violence attorneys know how difficult it is to face any criminal charges. Unfortunately, a domestic violence accusation is enough to create a stigma regarding your character and impact your future. Springer & Steinberg, P.C. is here to defend your rights and advocate for your future.