Mack Law BlogHow likely is it for a Domestic violence charge to be dropped if there was no evidence besides a written and verbal statement?

Question:

I was wondering how likely the charges will be dropped if there were pictures taken but no discoloration of any sort to show that i was hit, but there are written and verbal statements about what happened. I am the victim in the case and do not want the charges pursued. The officers were called by a third party who was no where near where we were and there were also no witnesses besides me and her. I only made the statement because they made it feel like I was going to get arrested if I didn’t.  Is there any way to help my girlfriend get out of this a little easier? Like retracting the statement, which I was told was not possible by the DA office. Maybe going to court and saying that nothing really happened? Also with the major question, how likely will it be dropped if the person does not technically live with me? is that still a domestic violence or if I tell them that, they would pursue another charge?

Answer:

Unfortunately, as you might expect, the only person who has the power to drop charges is the State Attorney’s Office. It will be best to hire an attorney to investigate the facts of the case and determine if the prosecutor has enough independent evidence in the case to get a conviction. If the third party was nowhere near you all when this incident occurred, then I can’t see what this witness has to offer to the case. If you hire an attorney, they can review the statement you wrote and see if it’s feasible to write a new statement which can be presented to the prosecutor to weaken their case and facilitate a dismissal. To answer your other question, you do not need to live together for that person to be charged with domestic violence battery. Talk to a few attorneys and hire the one you deem best. Unfortunately, the charges will not be automatically dismissed. Best of luck!