If your spouse, significant other, or another family member has been arrested for domestic battery, you may be wondering whether or not the charges can be dropped. While it initially seems like something you wouldn’t want to happen, a lot of people decide not to pursue charges like these against someone they know.
Perhaps, in the heat of the moment, the victim embellished their story to the police. Or, maybe there is now a better understanding of the amount of trouble this makes for the offender, particularly if they are prosecuted and convicted. No matter why someone would like to walk back the consequences of the incident, here are some things you might want to know about what happens if a prosecutor has already filed the charges.
Prosecuting Domestic Battery Charges
Once a prosecutor (a lawyer for the state) picks up the domestic battery charges and files them, it’s out of your control. The charges can’t be dropped. The prosecutor is the only person who can do that. The individual accused of domestic battery will have to go through the same legal red tape and processes that anyone else who’s been charged with a crime must go through. The person will be arrested, booked into police custody, and questioned about the situation.
The accused person has the right to an attorney. If he or she can’t afford one, then a public defender can help. Public defenders are only available to people who don’t have the money to hire a criminal defense attorney. Public defenders are government employees who often have large caseloads. These legal professionals are often overworked and underpaid. They may not intend to, but their busy caseloads may leave them with limited time to prepare their cases and leads them to make mistakes.
On the other hand, a private criminal defense lawyer does not have nearly as many cases as public defenders. They have more one on one time with their clients. They have the time to get to know you and discover information that can aid in your defense. A private criminal defense lawyer can find weaknesses in the prosecution’s case that may lead to dismissal or having the charges reduced.
Private criminal defense attorneys may have resources that can help with your defense. They can hire expert witnesses to provide evidence in critical aspects of the case. Or, they can hire private laboratories to test the evidence. A criminal defense attorney can also secure a private investigator to search for crucial evidence that will aid in your defense. Private lawyers also have a team of personnel that can help with the case.
Talk to a Lawyer
If you or someone you love are facing domestic battery charges, you may be overwhelmed and unsure where to turn. If you want to learn more about how a criminal attorney in Washington, DC can help you, schedule a case review. In most instances, case reviews don’t cost anything and may provide the answers you’re seeking. Reach out today for more information.
Thanks to The Law Firm of Frederick J. Brynn, P.C. for their insight into criminal law and your constitutional rights.
