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Victims can't control criminal charges

In our previous post, we discussed the case of the man who is facing assault charges after his wife went missing and was found hiding at a hotel. The woman ended up getting an order of protection against her husband. While there is no indication in the story that the woman wanted to reconcile with her husband, the case might have some people wondering what would happen if a couple with a history of domestic violence would reconcile.

If a reconciliation does occur, the civil actions against the alleged abuser could usually be dropped. Dropping criminal charges isn't something that is possible. Once the prosecutor's office issues a criminal charge, including a criminal charge related to domestic violence, the victim has no control over what happens with the criminal case.

It is important to note that even though they can't drop the criminal charges, alleged victims are often required to participate in the prosecution. This can often be difficult if the couple has reconciled since the alleged incident.

For people who are facing criminal charges for domestic violence incidents, going through the criminal justice proceedings can be difficult. It is important for you to make sure that you have a suitable defense. Special considerations might be possible if you have reconciled with the person, but that isn't always the case.

Seeking a full understanding of the possible defense options available in your case can help you to make decisions as your case goes through the criminal justice proceedings. It is important to carefully consider all options at each step so you can understand how each option will affect your case and your life.

Source: FindLaw, "Can the Victim Drop Domestic Violence Charges?," accessed Sep. 03, 2015

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Ronald E. Smith, P.C.

criminal defense & Social security disability law

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