Arguments between a couple can become heated. You may not expect the outcome of your last argument, but it has landed you in trouble with the state prosecutor. When faced with criminal domestic violence charges, many defendants believe that if the alleged victim recants, then the court system must drop the charges.
The reasons a victim recants is complex. Some may do so because it was a misunderstanding, others out of guilt and some out of sympathy. FindLaw explains that victims can recant at any time during the case or trial. Do not expect the case to go away if the alleged victim decides against pressing charges, however. it is not the other person’s decision.
The district attorney’s office prosecutes criminal cases. This is not a private lawsuit or trial between two individuals. The prosecutor can decide to continue to pursue the case against you, regardless of your former partner’s wishes. If the prosecutor feels that he or she has enough evidence, he or she will continue with the case. The following evidence may provide the prosecutor with a means to pursue:
- Medical records
- Audio or video recordings
- 911 calls
- Police reports
- Threats or statements on social media
The truth is that most prosecutors expect the alleged victim to recant his or her story and attempt to drop the charges. His or her prosecution strategy does not always hang on the word of the victim.
Charges of domestic violence are serious. They can affect your life beyond the criminal penalties and this alone is why you must aggressively fight the charges. Find out more about domestic violence defense on our website.