Can a Victim Choose to Drop Domestic Violence Charges in Washington State?
Although the alleged victim may have been the one to report the defendant to law enforcement, leading to domestic violence-related charges. However, decisions about whether to continue the case are usually out of their hands.
The prosecution chooses whether to proceed or drop charges, not the victim. Alternatively, the court may dismiss charges if there is no basis for them. Complaining witnesses can influence whether prosecutors drop charges; however, failing to cooperate or testify might seriously weaken the case. We may also file motions to dismiss charges if the victim changes their story or if there is insufficient evidence.
To get help with your case from our Tacoma, WA domestic violence defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.
Can a Victim Drop Domestic Violence Charges in Washington?
The victim doesn’t have the final say about whether or not someone is tried for domestic violence-related charges in Washington. The victim can request that the prosecution drop the charges, but the prosecution can’t be forced to do so.
The prosecution decides whether to file charges and, after that, whether to drop them. The alleged victim can sign a waiver of prosecution if they no longer want to press charges or be involved in the case, and they are satisfied with the response.
The prosecution may consider the victim’s request to drop the charges but does not have to follow it and may proceed with a criminal trial without the witness/alleged victim.
What Can Happen if a Victim Wants to Drop Domestic Violence Charges?
If a victim no longer wants to participate in the case, the prosecution may not have enough evidence without their participation to try you for domestic violence-related charges. The complaining witness wanting to drop the charges doesn’t guarantee their dismissal, so don’t assume your case is over, even if the alleged victim recants.
Defense Files Motion to Dismiss
If the alleged victim has retracted their original statements and accusations or has signed a waiver of prosecution, our Lakewood, WA domestic violence defense attorneys may file a motion to dismiss the charges against you. The judge may grant this motion if the prosecution lacks evidence without a complaining witness, and the charges may be dropped.
Prosecution Subpoenas the Victim
If the alleged victim does not want to testify for the prosecution, they may be subpoenaed and forced to do so. This tactic can backfire on prosecutors who proceed with charges after the alleged victim has recanted or otherwise expressed a desire to have the charges dropped, and our lawyers may use it to our advantage when cross-examining the witness.
Why Are Domestic Violence Charges Dropped?
The prosecution may have to drop the charges against you if they don’t have enough evidence, or our lawyers present exculpatory evidence proving a false accusation was made by the complaining witness.
Lack of Evidence
There may be a significant lack of evidence without the victim’s involvement and testimony, effectively forcing the prosecution to drop the charges, especially if there are no other eyewitnesses, documented injuries, or physical evidence.
False Accusations
Domestic violence charges can be dropped, even if the alleged victim still wants the prosecution to pursue them, if our lawyers show that the accusations were false or you were acting in self-defense. Don’t try to protect the other person in this scenario, and give us any texts, phone calls, and other evidence that show you were not the aggressor in the situation. When faced with this evidence, the prosecution may quickly drop the charges, or the court may agree with our motion to dismiss.
FAQs About Getting Domestic Violence Charges Dropped in Washington State
Do You Still Need a Lawyer if a Victim Wants to Drop Domestic Violence Charges?
You still need representation, even if the complaining witness retracts their statements and tells the prosecution they want to drop the charges. Whether charges are prosecuted is not up to the victim; you need an attorney to file a motion to dismiss or to expose the holes in the prosecution’s case during trial.
Will Domestic Violence Charges Be Dropped if the Victim Recants?
There’s no guarantee that the prosecution will drop the charges filed against you, even if the victim completely recants, as they might think they have enough additional evidence to go to trial.
What if You Can’t Get Domestic Violence Charges Dropped?
If there’s no reason for the court to dismiss your case or the prosecution to drop the charges, and you move forward with a trial, you must be prepared with a defense against the domestic violence charges. We may negotiate a plea deal to reduce the charges and consequences.
Why Can’t a Victim Drop Domestic Violence Charges in Washington?
The prosecution decides whether to file charges, not the complaining witness. The prosecution’s success often hinges on the alleged victim’s involvement, so recanting or refusing to testify may convince the prosecution to drop the charges or the judge to grant our motion to dismiss.
What Evidence Can Help Get Domestic Violence Charges Dropped?
The following evidence may help us get the domestic violence charges against you dropped in Washington:
- Conflicting witness statements
- Lack of physical evidence
- Lack of eyewitnesses
Correspondence between the defendant and the alleged victim revealing the true nature of the relationship may also convince the court to dismiss the charges.
Can You Talk to the Victim About Dropping Domestic Violence Charges?
Under no circumstances should you, as the defendant in a domestic violence case, talk to the alleged victim about dropping the charges. Washington courts typically impose automatic no-contact orders in these scenarios, and violating them carries consequences.
Can Domestic Charges Be Dropped During a Trial?
If the trial is ongoing, we may still file a motion to dismiss the charges at any time if new exculpatory evidence proving your innocence becomes available or the alleged victim voluntarily stops participating.
Contact Us for Help with Your Defense in Washington State
Call the Law Offices of Smith & White’s University Place, WA domestic violence defense attorneys, call (253) 203-1645.