Can I Persuade My Suspect to Drop Domestic Violence Charges?
If the police have probable reason to believe that domestic violence occurred police may make an arrest. The police don't need to be present during the violence, but they can look at the circumstances and determine whether someone has violated the law. It should be noted that police must write reports if they decide to not arrest someone and then explain their decision. If an officer doesn't feel the need to do this extra work it might be more convenient to release their handcuffs or expel the suspect from the scene.
This person will be jailed and likely charged with domestic assault. They may be liable to a temporary or permanent restraining order which hinders their ability to go home. It can happen fast since the legal system is designed to protect those who are victims from being subject to retaliation.
This situation could mean that you won't be able to talk to your accuser, much less be able to see her when you're under investigation. Even if the opposing party declines to file a protection order and you come to a compromise, however, that doesn't mean your worries are over. The state brings charges for criminality, not the victims. Once they're filed, they cannot be dismissed by the person who originally accused them. This decision is only made by the prosecutor.
Domestic Violence and Domestic Violence in Missouri
Being accused of domestic violence is an incredibly serious matter and anyone caught in this situation must start planning the defense of their case as quickly as they can. Missouri law provides four degrees of domestic violence allegations. The most serious is a class A felony charge--which if proven, can put you in prison for years.
It's normal to feel upset, angry, or scared of facing an accusation of this magnitude. In this scenario, people assume that their spouse will settle down and that they'll be released with no further legal action. While this could make someone feel better, it isn't realistic. It's best to contact a ferocious defense lawyer if you're faced with domestic violence charges. These cases are not going to go away. A skilled lawyer for domestic violence can offer legal counsel and protect your rights against an aggressive prosecutor.
How can I combat domestic violence charges?
There are several options we can employ on your behalf if you've been charged with domestic violence. They will differ depending on whether you have a criminal record or were previously accused of domestic violence, what type of evidence they intend to use against you; and what kind of abuse that you've been accused of. You can customize the legal defense strategies you employ to fit your particular situation.
Any person who is accused of a crime must remember that in the legal system of America, you're innocent until you are proven guilty. To intimidate you into revealing your identity the prosecutor may make the case against you appear strong. This tactic is often employed even if the contrary is the case. If they don't have sufficient evidence to back up their claims the confession can work for the prosecution. Don't allow them to utilize this strategy to force you to admit to a crime you didn't do. If the evidence against you isn't strong enough you could be charged less or completely withdrawn. This might happen if:
- Your spouse is the accuser. They may choose to take advantage of their legal protections to avoid having to testify in your claim in court.
- The prosecution doesn't have proof of the injuries that you were accused of creating
- Witness testimony can be contradictory or inconsistent
Our Domestic Violence Defense Team is prepared to fight for you
If you are charged with a crime, it's common to feel like you're in over your head. A majority of people have trouble understanding the legal system and are difficult to navigate. It is important to have an experienced and aggressive attorney representing you as soon as you can. Anyone who is facing charges of criminality is entitled to a lawyer to represent them and conduct their own investigation against the state. While the prosecution is unlikely to have any evidence to prove your innocence but we could find evidence that proves your innocence. You could also dispute the evidence provided by the prosecution and if you are able to convince them that their case is not enough strong to prevail then ask that the charges be dismissed.
If you've been accused of domestic violence, don't hesitate to hire an attorney. A skilled advocate can improve your chances of a successful outcome.
Contact Worman Law LLC to schedule an appointment with us for a free consultation. Our attorneys are former prosecutors who know how to defend themselves against unfair charges.
Worman Law LLC
222 S Meramec Ave Suite 203 St. Louis, MO 63105