Can I Be Prosecuted for Domestic Violence in South Florida If the Victim Does Not Press Charges?
Domestic violence in South Florida is a serious criminal offense with consequences to match. But it is also unique in terms of how quickly law enforcement and the justice system can move against you.
Based on allegations alone, you could be put behind bars and stripped of important rights, including the right to see your children. If you are ultimately convicted of domestic violence, your life could be changed forever.
One of the biggest mistakes made by people accused of domestic violence is believing that they can handle the situation on their own by reconciling with the alleged victim or convincing him or her to “drop the charges.” Here’s the problem: the victim is not in control of the prosecution, the State Attorney is.
In Florida, the State Attorney presses on with a domestic violence prosecution whether the victim is cooperating or not. They will try to enforce their subpoenas, they will try to get evidence in, and they will try to obtain a conviction.
Contrary to what you may have seen in movies or on TV, victims of crime, whether it be domestic violence, burglary, rape, or any other offense, do not “press charges.” Can a crime victim request that the State Attorney not pursue a conviction against the defendant? Absolutely. Does the State Attorney have to honor or follow that request? Absolutely not. Their job is to prosecute what they see as violations of the law, not what a victim sees. That’s not to say that they won’t take a victim’s comments into consideration, but if the prosecution believes that they have sufficient evidence for a conviction, they will aggressively pursue the charges regardless.
Since prosecutors aggressively pursue domestic violence cases, trying to defend yourself, thinking you can talk your way out of it, or believing that the victim can save you by not “pressing charges” could be a disastrous mistake. Since your rights and freedom are on the line immediately after the police have been called, you need to call an experienced domestic violence defense lawyer immediately.
Albert Quirantes: Your Miami Criminal Defense Lawyer & DUI Lawyer
For over 28 years, Miami criminal defense attorney Albert M. Quirantes has been aggressively and zealously defending the rights of those accused of felony and misdemeanor crimesthroughout South Florida. With his dedicated team, reasonable legal fees, and a well-earned reputation for challenging prosecutors at every turn, he has protected over 8,000 clients during some of the roughest times of their lives.
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If you have been arrested and charged with a crime, please call us today at (305) 644-1800 or fill out our online form to arrange for your free, confidential initial consultation.
If you have any questions about this or any other criminal accusation, call Miami Criminal Defense Lawyer Albert Quirantes at: (305) 644-1800 or visit our homepage www.CriminalDefendant.com for a direct link to the office or a text message or a map and directions to our office.