Can Domestic Violence Charges Be Dropped in California?

In California, many prosecutors have something that is called a no-drop policy for domestic violence. This basically means that the prosecutor will decide whether the case is dropped or not. The victim can retract their statement or even say that they lied, but the prosecutor is ultimately the person who must decide to drop the case.

If you can convince the prosecutor to make this decision, the judge still has to approve it. Figuring out how to get domestic violence charges dropped can be challenging, which is why it’s so important to partner with a professional criminal defense attorney.

How Often Are Domestic Violence Cases Dismissed?

After the heat of the moment dies down, sometimes the victim takes a look around and realizes that their allegations were premature. In fact, some studies show that up to 60% of domestic violence charges end up getting dismissed. However, these statistics can vary from one case to another, which is why it is so important to get the help of an experienced domestic violence attorney.

How Do I Dismiss a Domestic Violence Case in California?

To get your domestic violence charge dismissed, you should start by talking to a California domestic violence attorney about some of the steps involved.

• Follow the legal process: Whether you agree with the charges or not, there is an entire legal process that gets set into motion as soon as an accusation of domestic violence is made. To have a chance at emerging victorious, you must follow all of the steps in the process and file your paperwork by the appropriate deadlines. As a part of this process, you should not have any communication or contact with the accuser.
• Listen to your attorney: With the help of your domestic violence lawyer, you can determine which defenses make the most sense for your case. Your attorney will also advise you on what you can do to cooperate with the authorities and stay calm.
• Gather evidence: Evidence may come in the form of police reports, witness statements, and medical records. It can also involve evidence of the other person’s aggression or an alibi for the time of the event.
• Look into an affidavit of non-prosecution: An affidavit of non-prosecution is when the victim or a witness signs an affidavit saying that they won’t pursue charges. This doesn’t guarantee that the charges will be charged, but it can significantly increase the likelihood of that happening.
• Challenge the prosecution’s evidence: If the prosecution can’t prove their case beyond a reasonable doubt, you can’t be convicted for domestic violence.
• Scruitizine the arrest: Your attorney will also analyze the circumstances of the arrest. For instance, they may look at use of force and lack of probable cause. You may be able to get the charges dismissed if the officer failed to inform you about your legal rights or if the investigation was imbalanced.

Get Ready for Your Domestic Violence Case in California

When it comes to learning how to get domestic violence charges dropped in California, you need all of the help you can get. Many areas have no-drop policies in place, which makes dropping domestic violence charges harder. Basically, you need to convince a prosecutor that the case isn’t worth pursuing. This can be done by challenging the prosecutor’s evidence, compiling your own evidence, or similar methods. If you are lucky, the witness or victim will recant their original accusation, making it even harder for the prosecutor to prove the case.

If you want a professional legal team to review your case, we can help. Contact us today to find out more.