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why drop charges in DV is no good

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innocent

Junior Member
What is the name of your state?MO
Can a victim of domestic violence drop felony charges in domestic violence. Is that good thing to do or it is bad.
What is the outcome for both victim and defendent.
I know charges is picked by the state and victim is witness.
 


justalayman

Senior Member
Well if you are aware the state actually prosecutes and it is not a choice of you pressing charges the rest becomes moot. As a witness you can be compelled to testify and if you fail to do so the state can prosecute you.

The idea behind this is so what it looks like here does not happen. Abusive people often convince the abused to NOT press charges. This allows the abuse to continue.

Depending upon the level of abuse and the history of the offender, some states take other things into consideration as to penalties. But understand this; it is for the abused's benefit to prosecute this. An abuser tends to continue abuse until they are stopped.
 

HomeGuru

Senior Member
innocent said:
What is the name of your state?MO
Can a victim of domestic violence drop felony charges in domestic violence. Is that good thing to do or it is bad.
What is the outcome for both victim and defendent.
I know charges is picked by the state and victim is witness.


**A: a victim does not charge or drop charges, the state does.
 

justalayman

Senior Member
innocent said:
so what happen when the victim wants to drop charges.
Too bad I guess, prosecuator will say sorry.

You are missing the point. There are no charges that you could drop. The state is prosecuting. You are now a witness/victim.

If you did not want this abusive person prosecuted to start with, why didn't you just stay there and get roughed up and keep quiet. I hate to say that people deserve what the get in cases like this because so often the abused person is threatened or feels sorry for the abuser and decided they don't want to continue with criminal procedures. That is the biggest reason the choice was taken away from the victim.

Are you going to now tell us this is the first time ANYTHING like this has ever happened? They are normally not like this but the stress has been so great lately and the just lost it but they really aren't like that?

If you really don't think this person shouldn't be prosecuted call the prosecuter's office and ask to speak with the PA handling this case. If you can convince them this shouldn't be carried out you might have a chance of stopping it, albeit small. Be forwarned, they are used to hearing and seeing stories all the time as to why so and so shouldn't be prosecuted. So good luck and hopefully we won't read about the person who was killed by an abusive spouse. You realize eveytime the neighbors get interviewed on tv they almost always say "I just couldn't believe they did that. It's not like them."
 

Happy Trails

Senior Member
justalayman said:
You are missing the point. There are no charges that you could drop. The state is prosecuting. You are now a witness/victim.

If you did not want this abusive person prosecuted to start with, why didn't you just stay there and get roughed up and keep quiet. I hate to say that people deserve what the get in cases like this because so often the abused person is threatened or feels sorry for the abuser and decided they don't want to continue with criminal procedures. That is the biggest reason the choice was taken away from the victim.

Are you going to now tell us this is the first time ANYTHING like this has ever happened? They are normally not like this but the stress has been so great lately and the just lost it but they really aren't like that?

If you really don't think this person shouldn't be prosecuted call the prosecuter's office and ask to speak with the PA handling this case. If you can convince them this shouldn't be carried out you might have a chance of stopping it, albeit small. Be forwarned, they are used to hearing and seeing stories all the time as to why so and so shouldn't be prosecuted. So good luck and hopefully we won't read about the person who was killed by an abusive spouse. You realize eveytime the neighbors get interviewed on tv they almost always say "I just couldn't believe they did that. It's not like them."

Just an FYI, our poster isn't the victim.

From a previous post:

innocent said:
What is the name of your state?What is the name of your state?MO
Married her for 3month, she filled criminal charges snd leeft the USA, state pick up the charges. Case is dismissed, can I turn the table and sue her for emotional and work damage. She is not in USA.

https://forum.freeadvice.com/showthread.php?t=298098
 

Happy Trails

Senior Member
innocent said:
so what happen when the victim wants to drop charges.
Too bad I guess, prosecuator will say sorry.

As mentioned in HG's previous post, it is up to the state.

They may have enough evidence to continue the charges against you. No one here can answer to what they will or will not do.
 

byrd42

Member
DON'T let the victim drop the charges. I just testified after being abused physically, mentally, sexually and verbally for 12 years with young children that had to see it happen over and over. I finally had enough and was strong enough to get out of the situation for both myself and my children. It has been several weeks and my life is totally changing for the better. Believe me! The charges thus far have stuck and it is going to trial on many charges, including felony. It takes months, but in the end, my children and I will have a totally happy future!!!!!!!

To anyone out there you is harrassed and scared not to do it, DO IT!! If you are strong enough to put up with abuse, then you obviously are strong enough to end it. 911, 911, 911, PFA, PFA. Saved my life, I know that for a fact.
 

Happy Trails

Senior Member
justalayman said:
Thanks Happy. So what is the big issue here if the charges were dropped?

It's hard to actually know what the poster is trying to tell us, because his English is a bit broken.

I'm not sure if our poster is certain the charges have been dropped (at least by the state). He most likely is worried about his status in our country and how that will be affected if the state proceeds.
 

innocent

Junior Member
No Worry

I am not worried about my status my friend, I just want to understand the law here in USA.

I always want to be a lawyer, I switch gear and studied medicine.

The Judge dismissed the case.

Maybe I wasn't able to explain very well.

Thanks for every one, appreciate all the answeres.

Happy new year.
 

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