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Domestic Violence Cases Present Unique Challenges

July 19, 2019

Domestic violence cases are often difficult for prosecutors. In some cases, the victims cooperate, and the case goes smoothly. The issue that often comes up is that the victim might opt to recant their statements, which can throw a wrench into the prosecution's case. There are some instances in which the prosecutor might choose to drop the charges in your case.

The prosecutor needs to have evidence that a crime occurred. When it comes to domestic violence, this can come in the form of photos of injuries, statements from the victims and witness accounts. When any of these are missing, the case might be dropped.

Some prosecutors might think that they have a good case until they sit down and thoroughly review it. Remember, the jury has to believe that the defendant committed the crime beyond a reasonable doubt. This is a huge burden for the prosecutor, especially when there aren't visible injuries or testimony that backs up their claims.

When you are trying to determine what you are going to do about the domestic violence case, take the time to consider the statements you will make. You need to ensure that you don't say anything that might be construed as an admission of guilt. This could be hard to do in the heat of the moment, but the more you think, the less you might have to worry about later.

You must base your defense on the facts of the case but how you present those might matter. This is why it is in your best interests to get your defense strategy moving forward right away when you know that you are facing these charges. Remember that you can't count on the victim dropping the charges to get the case finished. Only the prosecution can drop them, and that might not happen.