Domestic violence is a serious and pervasive issue throughout the country. In fact, domestic violence cases have become so common that specialized domestic violence courts have sprung up in many states as a way to focus specifically on the people who commit these crimes.
Domestic violence cases are different from other types of violent crime cases because of the often complicated relationship between both parties. Victims in domestic violence cases are likely to choose not to press charges. If the victim doesn’t want to press charges, is that the end of the situation? Well, not quite.
When The Victim Doesn’t Press Charges in a Domestic Violence Case
In New Jersey, victims of domestic violence can play a role in issuing charges, but if they choose not to cooperate with the police that does not mean the case is dropped. In fact, the way charges are issued is often misunderstood. In New Jersey, the state has the power to issue or withdraw charges, not the victim. The state’s prosecutor office decides whether a case is going to move forward or not.
Due to the police having all the power to charge individuals suspected of domestic violence, it is important to remain silent when dealing with police in these situations. Police can and will use anything you say against you should your case go to trial. If the alleged victim is unwilling to cooperate with the police and they don’t get any information from you, the case against you will likely fall apart. It is on the prosecutor to prove the charges, so don’t give them anything to work with.
If an alleged victim in a domestic violence case doesn’t want to press charges, it makes the case more difficult for prosecutors but it is also something they have come to expect in domestic violence cases. If you are in a situation where the police have issued you with a domestic violence charge, you should get a lawyer right away. The criminal defense attorneys at Schneider Freiberger have helped many New Jersey clients with domestic violence charges. Reach out to us today to discuss your case.
