Is it easy to get charges dropped?

The most common way to get a felony charge dropped is to accept a plea agreement that includes pleading guilty to a misdemeanor charge, instead. These plea deals are frequently used when prosecutors are unsure if they can prove their case. Choosing to plead guilty to a less severe offense is a serious decision to make.

Can a state drop charges in a domestic battery case?

And so, the State’s Attorney policy will always be to prosecute these cases to the fullest extent of the law. The decision to drop charges does not belong to the victim. In fact, the prosecution can go forward even where the victim does not cooperate.

Can a domestic violence victim get the charges dropped?

Dropping the charges then becomes possible. However, this may rely either on the testimony of the victim or the evidence surrounding the case itself. Some cases have little evidence to pursue the claim against the defendant.

Can a defendant not be charged with domestic battery?

The lack of visible injuries does not necessarily mean that a domestic battery did not occur and is not required in order for a defendant to be charged with domestic battery. All the prosecutor needs in order to charge you is evidence of a harmful or offensive touching.

Why does a prosecutor drop charges in a domestic case?

having a motive to fabricate the incident because the parties are embroiled in contentious custody or property distribution battle. This might convince a prosecutor that there is insufficient evidence to convict the defendant and to decline to file the charges.

Is it possible to get domestic battery charges dropped?

You can get domestic battery charges dropped; however, it can be very difficult and your options depend on the circumstances of your case. The attorneys at Goldman Wetzel will investigate your arrest and determine the best approach to getting the state to drop your charges.

When to drop charges in a domestic violence case?

If the victim claims the defendant severely beat him or her just minutes before police arrived but he/she only has a small red mark on his/her cheek and no swelling or bruising or other apparent injuries, a defense attorney could argue that the victim was likely not telling the truth about the event.

Why does a prosecutor drop a domestic battery case?

A prosecutor may also feel the evidence of a domestic battery is insufficient because the victim’s credibility is suspect 5. For example, the victim may have a history of the following: Making false accusations in the past, or

The lack of visible injuries does not necessarily mean that a domestic battery did not occur and is not required in order for a defendant to be charged with domestic battery. All the prosecutor needs in order to charge you is evidence of a harmful or offensive touching.