Most people have seen the TV shows where the alleged victim of a domestic violence charge decides not to testify against their alleged abuser, and the charges are instantly dropped, or the situation in which the alleged victim decides if they would like to “press charges” or not. Neither of these situations is realistic. What really happens is that the state decides if a person should be charged, and even if the alleged victim decides they will not testify, the case can still move forward.
Keep reading to learn why this is the case and what you can do if you are in this position. Remember to contact Chambers Law Firm at 714-760-4088 if you require a free legal consultation.
The Police Officer Who Dealt with the Case Will Be Asked to Testify
The first thing the prosecution is likely to do if the alleged victim will not testify is to talk to the police officer who appeared at the scene of the crime. Technically this is hearsay testimony and can only be admitted in certain situations. You can count on your criminal defense attorney working to aggressively object to it being entered into evidence.
Situations in Which Hearsay Evidence Can Be Admitted
In order for the testimony of the police officer, or other hearsay evidence, to be admitted, there must be four elements involved:
- The hearsay statement must describe either physical violence or the threat of physical violence to the victim.
- The victim is unable to testify. This includes refusing to testify.
- The statement of the victim must have come from the 911 call or shortly after the alleged incident occurred.
- The state must have been made either in writing or verbally directly to the police.
If even one of these four elements is not present, then we can fight to keep the heresy statement from being allowed in court. If that is the entire case of the prosecution, then it is common for the case to be dropped.
What to Do if You Are Charged with a Domestic Violence Charge
Is it harder to be convicted if the alleged victim will not testify? Yes, but you should never encourage, ask, or otherwise coerce the alleged victim not to testify. This can lead to additional witness tampering charges. Instead, trust that you have chosen the best criminal defense attorney to help with all your needs.
The sooner you contact an attorney after your initial charge, the better your chances will be. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation. We can get started by going over the basics of your case and provide advice on how to best proceed.
