Results 1 to 4 of 4
  1. #1
    Join Date
    Feb 2013
    Posts
    2

    Default Can You Be Convicted of Domestic Violence if Your Partner Refuses to Testify

    My question involves criminal law for the state of: Florida
    I was just wondering if the victim never wrote a statement and never gave their side of story and denied everything the DA said in their meeting how likely is it for them to proceed with a case? Also if they would drop it how long until you find out the charges were dropped?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: How Likely is It for a Case to Proceed with No Witness

    Given that the DA is quite used to victims recanting, it would depend on what other evidence they had. If you are thinking that if the victim recants the DA is powerless to proceed, you would be wrong.

  3. #3
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: How Likely is It for a Case to Proceed with No Witness

    Considering the fact that you are pregnant and neighbors saw a convincing escalation prior to your convenient fall, I'd say pretty high. Seriously, he needs counseling. Seriously.

  4. #4

    Default Re: How Likely is It for a Case to Proceed with No Witness

    Florida is one of the most rabid states in the country when it comes to prosecuting DV cases with pregnant women. Police apparantly were able to establish probable cause for the arrest. If the prosecutor has picked up the case, that means the prosecution believes they already have everything they need in order to win the case. Prosecutors get paid to win cases, not drop them, so if they've picked up the case for prosecution, rather than nolle prossing it, that's a clue that they're not hanging their case on the victim (which as noted above, is the standard, given that so many victims purposely attempt to throw wrenches in the state's gears). Victim/witnesses often think the case is about them, when in fact, it's not. The immediate victim is only ONE witness - other witnesses include anyone who overheard or saw anything prior to, during, or after the incident, the 911 operator who was given information, the actual 911 recording, and the testimony of the responding officers and what they saw, heard, or were told by anyone at the scene. Convictions can and do occur every day in DV cases, without the victim/witness ever taking the stand or even making a formal complaint.

    1. Sponsored Links
       

Similar Threads

  1. Trials: Can the Victim of Domestic Violence Refuse to Testify Based on Marital Privilege
    By confused in va in forum Criminal Procedure
    Replies: 2
    Last Post: 01-03-2013, 10:50 PM
  2. Trials: Does the Victim Have to Testify For You to Be Convicted
    By goldy77us in forum Criminal Procedure
    Replies: 3
    Last Post: 08-16-2012, 07:32 PM
  3. Assault & Battery: Victim of Domestic Violence Doesn't Want to Testify Against Husband
    By keys in forum Criminal Charges
    Replies: 15
    Last Post: 07-05-2011, 05:23 PM
  4. Domestic Violence: Does a Domestic Violence Victim Have to Testify
    By Girlxo301 in forum Criminal Charges
    Replies: 2
    Last Post: 06-03-2010, 03:26 PM
  5. Assault & Battery: Help Getting a Repeat Domestic Violence Offender Convicted
    By HeatherColorado in forum Criminal Charges
    Replies: 1
    Last Post: 06-22-2005, 09:40 AM
 
 
Sponsored Links

Legal Help, Information and Resources