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"No Drop" Policies in Domestic Violence Cases  Uploading ....Many State Attorney's offices have what is known in the legal community as a "no drop" policy for domestic violence cases. The reasoning behind the policy is because, in serious cases of domestic violence, the victim is often threatened to drop the charges or threatened with harm if he or she appears at trial.
For a victim, simply telling the State that you wish to drop the charges will not necessarily get the charges dismissed. Technically speaking, the victim in the case is the State, not the individual who was harmed. Consequently, the State does not have to abide by the victim's wishes.
If a victim does not show up for court, the State has the ability to compel their appearance by asking the court to issue a pickup order. In addition to a pick up order, the State can ask that the victim be held in contempt. This is all assuming that the State has issued a valid subpoena that was properly served on the victim. Both of these are drastic remedies and are usually only used in extreme circumstances.
While it might seem an impossible hurdle to overcome, the victim can often sway the prosecution under the right circumstances. The victim can complete an affidavit of non-prosecution or take some sort of intervention course that is approved by the State Attorney's office.
Regarding the Defendant, hiring an experienced defense attorney with extensive domestic violence defense experience is imperative. Attempting to "do it yourself" until your court date could wind up causing additional problems such as a violation of the court's no contact order. A violation of the no contact order can send you to jail whether your underlying case gets dismissed or not.
The Law Offices of Daniel Rosenberg, P.A. is a criminal defense law firm located in South Florida. Mr. Rosenberg defends individuals accused of Domestic Violence, DUI and other serious criminal offenses. For more information, please call (954)354-0413 or visit http://drosenberglaw.com
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