Can the Alleged Domestic Violence Victim Drop the Charges? (2023)

If you have been identified as a victim in a domestic violence case, you probably do not need your own attorney if the crime occurred as alleged, you have made truthful statements to the police, and you want the accused to be prosecuted for the crime.

If the defendant pressures you to drop the charges, that behavior could constitute another crime known as "witness tampering."

If you feel unsafe in your home and are concerned that additional violence may occur, you may need to apply to the court for a civil "protection order" against domestic violence, dating violence, repeat violence, or stalking violence.

But what if you don't need help and just want the charges dropped immediately?

Not everyone who is identified as a "victim of domestic violence" actually feels like a victim. Some people are not afraid and do not need help from the prosecution or the court system. An injustice occurs when the voice of the alleged victim is not heard.

The remainder of this article addresses the problems that arise when the alleged victim wants the charges dropped and that decision is made voluntarily, without threats or coercion from the person accused of the crime, their family or friends.

The alleged victim could tell the officer at the scene that they don't want anyone arrested. Or the alleged victim might decide that they do not want the charges to be prosecuted in the days or weeks after the arrest.

Attorneys at the Sammis law firm in Tampa, FL are frequently contacted by the individual identified as a victim in a domestic violence case with questions about how to have the charges dropped.

Sometimes the alleged victim wants us to help them through the process so that their wishes are known and their rights are protected at every stage of the case, especially in cases of domestic violence.

Because this creates a conflict, one lawyer cannot represent both the accused and the alleged victim. Everyone needs their own lawyer. Our lawyers have represented both men and women in such cases.

Note that this information does not constitute legal advice. Criminal defense attorneys have very important ethical considerations whenrepresenting the victim of a crime. These ethical considerations are far too complicated to fully discuss in this article.

But the bottom line is that sometimes the alleged victim needs their own attorney to ensure their interests are protected.

Attorneys for Victims of Domestic Violence in Tampa, FL

A criminal defense attorney is often in the best position to explain a victim's rights and the consequences that may come with trying to exercise those rights. For example, in one case, a witness might choose to "take the fifth" so that they are not prosecuted for a false police report.

We believe that information should be made available to the alleged victim if requested. The alleged victim may need their own attorney to explain each of their options so that an informed decision can be made.

Law enforcement officials and prosecutors often adopt a “hide the ball” approach when dealing with an individual who has been identified as a victim in a domestic violence case. Finding your own legal counsel can often help you make the best decision about how to proceed.

For more information on hiring a lawyer, please call TelDomestic Violence Attorneys in Tampa, FL, at the Sammis Law Firm.

Phone call(813) 250-0500.

Why does the alleged victim need his own lawyer?

If you are identified as a suspected victim in a domestic violence case, you have several options, including:

• Proceedings without a lawyer in cooperation with the prosecutor or defense counsel; or
• Hire your own attorney who can help you decide the best course of action.

Recently, prosecutors across Florida have been more aggressive, threatening to charge the plaintiff witness with making a false report to a law enforcement officer under Florida Statute 837.05. In some of these cases, the prosecutor actually carries out this threat.

If you have been threatened by a prosecutor after exercising your rights, call us for help. Over the years we have taken these cases on onepro bonowhen the alleged victim is penniless and cannot afford to hire their own lawyer.

If you made a statement to the police about the incident and that statement was NOT true and accurate, then you should be very careful about giving a second statement to the judge, the prosecutor, a victim/witness counselor or anyone else without your make your own statement Lawyer at your side.

You have the right not to incriminate yourself. At the same time, you have an obligation to ensure that another person is not unjustly prosecuted or unjustly convicted. We can help you find the best way to solve the problem.

You have the right to be represented by a lawyer at any stage of the proceedings if you wish.

Can you be accused of making false statements?

Most of the time, the victim doesn't even get a copy of the police reports or recorded statements, so they have no idea if the police or prosecutors could claim that their statements contradict each other.

As an alleged crime victim, you are also entitled to a copy of the police reports and other information in the case before you decide to testify.

It is particularly important to speak to your own attorney if you choose to provide a voluntary written statement and are concerned that it may conflict with a previous statement.

The most important thing is to ALWAYS tell the truth when you decide to speak up, but if telling the truth could get you in trouble, you can exercise your legal right to remain silent. You could choose to exercise your right to remain silent if the statement could incriminate you.

The bottom line is that the prosecutor will have a very hard time proving the allegations beyond reasonable doubt if you don't believe you are a "victim." Everyone in the system should understand and consider your wishes.

If you make a statement, you certainly have the right to say that you do NOT wish to pursue the prosecution and the reasons why you feel that way.

Working with the defendant's defense attorney

If you don't want to hire your own attorney, you can contact the criminal defense attorney for the person accused of domestic violence to express your will instead of going to the prosecutor's office.

Although the criminal defense attorney is not representing you, you both have a common goal to have the charges dropped.

If you provide the defendant's defense attorney with a written statement setting out your position, the defense attorney may present this form to the prosecutor and use it to attempt to drop the charges.

Many criminal defense attorneys have their own forms that they allow the alleged victim to fill out on a voluntary basis.

The criminal defense attorney will instruct his client NOT to discuss the case with you at all. In most of these cases, blocking contact will absolutely prevent the defendant from contacting you for any reason.

Regardless of what the court orders, it is never a good idea for the defendant and the alleged victim to discuss the facts of the case during the indictment.

If the no-contact clause has been entered in the case, you should not attempt to contact the accused. Although the no contact provision does not specifically prohibit you from doing anything, you should respect legal process sufficiently to comply with the judge's order that the parties have no contact until the case is resolved.

You can also ask the defendant's attorney to petition the court to have the no-contact provision lifted. Or, you can hire your own attorney to file a request to have the no contact rule lifted.

Summons to the "invest appointment" at the public prosecutor's office

In some cases, you may receive a letter from the Victim Assistance Program at the District Attorney's Office at 419 N. Pierce Street in Tampa, FL.

The letter includes the defendant's name, case number, and department to which the case is assigned. The serial letter provides:

A report has been filed with law enforcement listing you as a victim. Before action (prosecution) can be taken, it is important that you come to our office to discuss the matter. The enclosed subpoena gives you information about the date, time and place of your planned appearance.

The Prosecutor's Victim Support/Domestic Violence Program was established to provide comprehensive services to victims of crime. We are available to help you through the criminal process and with any issues you may have as a result of this crime. You can also find the brochure Information for Victims of Crime on our website.

If you are unable to show up at the agreed time or have any questions about our services, please contact our office.

sincerely,

ANDREW H. WARREN PROSECUTOR

[through VICTIM ASSISTANCE COUNSELOR]

You may also receive a "witness subpoena" that includes:

=======RETURN INFORMATION======
INDIVIDUAL SERVED TO A NAME PERSON. REPLACEMENT SERVICE WITH SERVICE: NO SERVICE FOR THE FOLLOWING REASON:

DEPUTY PROCESS SERVER: DATE: TIME:

Visitors to the Attorney General's Office MUST present a valid photo ID to receive a visitor badge

INVESTIGATION 2019-0000000
OUTSIDE THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA

IN AND FOR HILLSBOROUGH COUNTY,

DEPARTMENT OF CRIMINAL JUSTICE
subpoena

RE: STATE OF FLORIDA VS. [ACCUSED NAME]

THIS IS AN INVESTIGATION FILE: THERE IS NO COURT DATE.

Service of this subpoena is requesting you to appear to testify truthfully in a pending and undetermined matter being investigated by the office of Andrew H. Warren, Attorney, 13th Circuit. You must appear at the location, date and time specified below.

VAP CONSULTANT: ____________

DATUM: ______________

TIME:__________

ADDRESS: Attorney's Victim Assistance Office, 419 N. Pierce St., 3rd Floor, Tampa, Florida 33602-4022

Failure to comply with this subpoena may result in a penalty from the court.

IMPORTANT IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, INDIVIDUALS REQUIRING SPECIAL ACCOMMODATION TO ATTEND THIS INTERVIEW SHOULD CONTACT NO LATER THAN SEVEN (7) DAYS PRIOR TO THE PROCEDURE AT 272-6472 OR VIA FLORIDA RELAY SERVICE FOR THE HEARING IMPAIRED ​1- 800-955-8770 (TDD-TTY).

DATED, on this __ day in September 2021.

ANDREW H. WARREN ATTORNEY 13TH JUDICIAL CIRCUIT

*IF YOU HAVE QUESTIONS, CONTACT VICTIM ASSISTANCE
Typ: SAO (CF)2 (CJ)3 (CT)5 (CM)8

Release Date: TS PL CN NP OT
Witness: mileage jc
REQUIRED SERVICE: SERVE TO ADDRESSER ONLY / F/S

File an Affidavit for the Victim of Domestic Violence in Hillsborough County

We recently received a form provided by the district attorney's office to a victim of a domestic violence case in Hillsborough County. These forms are used in both the Tampa and Plant City offices.

Although the form states that it should only be completed by prosecutors or the victim's attorney, the alleged victim could choose to write their own affidavit and submit it to the prosecutor's office or the defendant's criminal defense attorney.

The standard template for filing a domestic violence affidavit in Hillsborough County is as follows:

ATTORNEY'S OFFICE, 13TH JUDICIAL CIRCUIT

(TO BE FILLED BY SAO/VAP STAFF ONLY)

SAO NUMBER:

CASE NUMBER:

VICTIM'S REQUEST THAT THE STATE NOT BE PROSECUTED

I, ________, the complainant in the above matter, swear or certify that I am asking the prosecution to discontinue this case for the following reason(s): __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

With respect to the following four paragraphs, you must initial each one to indicate complete understanding.

_____ I am applying for this voluntarily. No threats or promises were made to get me or any member of my family or friends to make this request.

_____ I hereby release the Attorney General's office, its staff and the Assistant District Attorneys from any legal liability that may arise as a result of the Attorney General's compliance with this request.

_____ I have been told that domestic violence is rarely an isolated incident; it increases in frequency and severity, often leading to death; and that defendant is likely to act violently against me without intervention and/or prosecution.

_____ I fully understand that this is just a request from me. Only the prosecution decides whether or not to bring charges, and the signing of this document does not absolve me or the defendant from participating in any scheduled court hearings.

________________Signature

________________Name printed clearly

________________Datum

State of Florida / County Hillsborough

Signed and sworn (or certified) before me on this __ day of ____, 20__.

from _______________________ (name of person making the declaration)

_________________________(Signature of the notary)

_________________________(Name of notary in block capitals, type or stamp)

[ ] Known personally [ ] Produced identifier [ ] Type of identifier

Victim Counselor Notes: ________________

Statistics on Victims of Domestic Violence in Florida

According to the Florida Senate BILL ANALYSIS AND FISCAL IMPACT STATEMENT prepared by the Professional Staff of the Appropriations Subcommittee on Health and Human Services for SB 1598 dated February 21, 2022, data from 2000 through 2018 showed about 26 percent of women were impacted have been subjected at least once in their life to physical or sexual violence by a current or former husband or male intimate partner.

The report also cites a national study conducted by the Centers for Disease Control and Prevention (CDC) showing that approximately 1 in 4 women and nearly 1 in 10 men have experienced domestic violence in their lifetime, including sexual violence, physical violence or stalking.Seethe cdc,The National Intimate Partner and Sexual Violence Survey: 2015 Data Brief - Updated publication, p. Nov. 7
2018, available at The National Intimate Partner and Sexual Violence Survey: 2015 Data Brief – Updated Release (cdc.gov) (last accessed January 19, 2022) (hereinafter referred to as the “CDC Study”).

This article was last updated on Thursday December 15th, 2022.