Prosecutors may choose not to heed the wishes of an alleged victim even if they want to withdraw or drop the allegations. Prosecutors have many strategies for addressing domestic violence cases without a victim cooperating. Although it is never appropriate to harm someone, don’t let a misunderstanding or false accusation jeopardize your career or freedom.
Always remember to take care of yourself and prepare to face any accusations of domestic violence or any other crime. Work with a domestic violence attorney who is adept at securing a good plea deal or trying a case in front of a jury. Experienced domestic violence lawyers have the practical knowledge required to handle a case until its conclusion.
Any 911 Calls Made Against You May Be Used as Evidence
Typically, a victim or witness must provide testimony on what they saw. There are a few exceptions, though. Assistant district attorneys may be allowed to use a 911 call recording of the complainant making a statement that you are actively committing a crime as evidence even without the complainant testifying.
Prosecutors Can Use Your Words Against You
It’s crucial to make use of your right to remain silent. If you confess to a crime or make an effort to convince a judge or jury that you are innocent, you are putting yourself at a disadvantage. Prosecutors may use any statement you make against you instead of the complainant’s testimony.
Judges frequently consider the amount of time between an incident and a statement, as well as other signals, such as whether the witness is gasping for air or frightened. Fortunately, a statement needs some support to be deemed reliable, so prosecutors cannot rely solely on it.
Your Interactions With Technology May Be Logged and Used as Evidence
All the technology that we interact with can serve as a sort of paper trail for many of our actions. Prosecutors can often use the trails you leave behind against you in criminal cases. Emails, calls, and texts from any of your accounts may have been saved on a server. A video may show you fighting, loitering, or damaging property. Even if you made attempts to remain anonymous, there are methods to trace technology interactions back to you. For example, a computer login could return IP information to your account.
Prosecutors May Attempt to Prove a Lesser Offense
Prosecutors may try to do what they can to get you charged, even if it’s not for domestic violence exactly. They may be able to use a witness to verify a lesser assault charge instead of the crime you are accused of committing if the complainant is unwilling to confirm what happened. Prosecutors may still be able to establish a lesser misdemeanor of attempted assault if the victim’s physical injury doesn’t need to be demonstrated.
Retain the Services of a Resourceful Domestic Violence Attorney
It would be a mistake to think your criminal case will simply go away because your spouse, partner, or child refuses to assist the police or prosecution. Prosecutors have the means to pursue a criminal conviction against you if the Assistant District Attorneys believe you pose a risk to the safety of others. The absence of a witness does not automatically absolve you of guilt.
For cases like these, Dod Law, APC has developed successful criminal defense tactics that have helped our clients beat domestic abuse accusations. We make every effort to protect your rights so that you don’t suffer the consequences of domestic assault accusations that don’t accurately reflect the circumstances. To arrange a free consultation right away, give us a call at (619) 814-5110 or send us a completed contact form.