Can I Make My Suspect Drop Charges of Domestic Violence?
When police are called for domestic violence allegations and are allowed to make an arrest if they have probable cause to believe any domestic violence took place. They don't have to witness violence, however, they may use current circumstances to determine if an individual has committed a violation of the law. It's important to remember that police must write reports if they decide to not arrest someone, detailing their decision. A police officer who isn't interested in doing this additional work might find it easier to pull off their handcuffs, and then remove someone off the street.
The suspect will be held in jail and likely accused of domestic assault. They could also be subject to an order of restrain for a period of time or permanently which makes it difficult to return home. It can happen quickly, as the legal system is designed to protect the victims from the possibility of retaliation.
This situation could mean that you'll be unable to talk to the person who is accusing you, or even meet her while you are being investigated. Even if the other side declines to file a protection order and you both reconcile but that doesn't mean you're done with your problems. Criminal charges aren't brought by victims. They are brought by the government. Once they're made, they are not dismissed by the person who originally accused them. Only the prosecutor has the power to make the decision.
Missouri Domestic Violence Criminal Charges
The possibility of being charged with domestic violence is a serious charge and anyone who finds themselves facing this kind of situation should begin planning the defense of their case as quickly as they can. Missouri law defines four levels of domestic violence charges. The most serious of charges are classified as a Class A crime which, if proven, could land you in jail for several decades.
It's normal to be angry, scared, or upset when you face such an accusation of seriousness. People in this kind of situation adopt a false optimism, assuming they'll be able to calm their partner and they'll be released from prison on the basis of their words, therefore, and no legal action is required. While this could help someone feel better, it isn't a realistic option. If you are facing charges of domestic violence, you need to contact an aggressive defense lawyer, since these charges don't disappear. However, a capable attorney for domestic violence can give you legal counsel and protect your rights against an aggressive prosecutor.
What can I do to fight cases of domestic violence?
There are many options we can employ on your behalf if you've been charged with domestic violence. These strategies can differ based on the extent to which you've had a criminal record. The legal defense strategy you choose to use can and should be tailored to your specific situation.
Something anyone accused of a crime should remember is, in America's legal system, you are always innocent until you are proven guilty. In order to entice you to reveal the truth about who you are, a prosecutor might present a case to make you appear convincing. This tactic can be used even if the opposite is the case. A confession can be a useful tactic if they don't have evidence sufficient to prove the allegations. Don't let them utilize this strategy to force you to admit to something you did not do. If the evidence against you isn't strong enough it could be possible to see your charges decreased or even withdrawn completely. If:
- Your spouse is the one who accuses you. They can use their legal protections to prevent having to testify against your claim in court.
- The prosecution does not have proof of the injuries that you were accused of creating
- Witness testimony may be contradictory or inconsistent
Our Domestic Violence Defense Team Is ready to fight for you
After being charged with any offense, you're likely to feel you're in over your head. Most people find the legal system confusing and difficult to navigate. It is crucial to get an aggressive and experienced attorney representing you as quickly as possible. Anyone facing criminal charges is entitled to have a lawyer advocate for them and do their own investigation counter to the state. While the prosecution is unlikely to provide any evidence against you, we might be able to find evidence that proves your innocence. You can also contest the evidence presented by the prosecution. And If you can convince them that their argument is not sufficient to prevail you can request that the charges be dropped.
If you've been accused of domestic abuse Do not hesitate to employ an attorney. Hiring a skilled advocate is the best way to ensure you get an optimal solution.
To schedule a complimentary consultation, contact Worman Law LLC Since we were ex-prosecutors, our attorneys know how to protect you against unfair charges.
Worman Law LLC
222 S Meramec Ave Suite 203 St. Louis, MO 63105