Unlike common assumption, the prosecutor, not the victim, decides whether to file or dismiss domestic abuse charges in California. Many prosecution agencies in California have a strict “no drop” stance. This indicates that the prosecutor will not dismiss the case even if the victim does not wish to “file charges.”
Keep reading to learn more about this type of policy. If you are facing domestic violence charges, you need a consultation with an experienced domestic violence defense attorney. You can reach Chambers Law Firm at 714-760-4088 today for a free legal consultation.
Why is there a no-drop policy in place?
Prosecutors employ a no-drop strategy for two key reasons. The first is entirely political in nature. This state has committed to take a tough position on domestic violence charges, owing in part to the O.J. Simpson murder trial.
The second is the recanting victim, which is a regular occurrence. Recanting victims are alleged domestic violence victims who revise their accounts after charges are filed. The truth is that many victims falsely accuse their spouses of abuse before deciding to come clean. Unfortunately, it will be too late by then.
Prosecutors and the “no drop” policy frequently assume that the first report is accurate and that the victim is simply changing her mind because the victim is afraid of the abuse she may experience as a result of her testimony, and she does not want to lose her financial assistance.
As a result of this policy, all parties engaged in a domestic violence case should contact a qualified California domestic violence lawyer who understands the most efficient strategies to resolve spousal battering cases before they spiral out of control.
What are the ramifications of a domestic violence conviction in California?
A California domestic violence conviction can result in the following penalties, in addition to a county jail or state prison sentence: mandatory minimum jail time, mandatory participation in a “batterer’s intervention program” (domestic violence classes), payment of fines and/or victim restitution, a restraining order (also known as a protective order), loss of custody rights, loss of California gun rights, a permanent criminal record, and immigration consequences for non-citizens, such as deportation or inadmissibility to the US.
If you are facing any type of criminal charges, you should contact an attorney who can help you. This is doubly true of domestic violence charges as they can have long-term consequences on your life. Contact Chambers Law Firm at 714-760-4088 now if you require a free legal consultation.
