They are not pressing charges

Ada Chan Criminal Law

pressing charges

They don’t want to press charges. Will my case get dismissed?

There is a common misconception that a person has a choice in whether to press charges against another person. While it may seem surprising, it’s not that simple. Say, on Friday night, your girlfriend called the police. When the police gets there, she tells them that everything is fine and that they could leave. Will the police simply leave? No. The police has a obligation to speak to you and your girlfriend separately, and to ensure your safety and well being. Once a 911 call has been made, an investigation will open. The police will conduct its own investigation and write a report. The prosecutor will then evaluate the case to determine whether to press charges. That decision rests solely on the prosecutor. The victim really has little influence on how the case is being handled by the prosecutor.

But I don’t want to press charges. Why won’t the prosecutor listen to me?

For the most part, the prosecutor has an interest in protecting the community by keeping criminals and alleged criminals off the streets. So, whether this is your first time calling the police on your boyfriend or the 5th time, they have a duty to investigate and protect you or him from harm. That is why in many of the domestic violence cases, a judge will issue a NO CONTACT and/or STAY AWAY ORDER while the case is pending even against the victim’s wishes. While I would never purport myself to be an expert domestic violence cases, I know that a lot of the time people just simply don’t want their spouse to get in trouble. This is whether it is good or safe for them or not. There may also be a power struggle involved. Most victims of domestic violence are in a position of weakness, duress, and under the influence of their partner. They can’t protect themselves from the alleged abuser.

A no contact and/or stay away order will most often not be lifted till the case is over or some resolution has been reached. This is when an attorney who may be helpful to your case. As your attorney, I will investigate your case and protect your right. Each domestic violence case is different and I have handled hundreds of them. I am cognizant of the safety of all parties involved here, including my client. My job is to get you out of trouble and make sure that you are not giving any statements about your case to anyone without me being present. I will also make sure the prosecutor treats your case fairly. So, if you have been accused of domestic violence. Don’t talk to the police. Give us a call at (202) 455-5610 for a free consultation to see if I am the right fit to help you out.

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