In Louisiana, domestic violence charges are taken very seriously. These charges typically arise from allegations of physical harm or threats against family members, partners, or cohabitants.
Dealing with a domestic violence charge can be a stressful and overwhelming experience. If you find yourself facing such a charge and are seeking ways to have it dropped, it’s crucial to understand the process and your legal options. At The Johnson Firm, our Lake Charles domestic violence defense lawyers are here to guide you through this challenging time with empathy and expertise.
Steps to potentially get a domestic violence charge dropped
1. Hire a skilled attorney
The first step in addressing a domestic violence charge is to consult with a knowledgeable criminal defense attorney who understands Louisiana’s domestic violence laws. The Johnson Firm specializes in such cases and can provide the strategic advice and representation you need.
2. Review the evidence
Your attorney will review the evidence against you to determine its strength and legality. This includes examining police reports, witness statements, and any physical evidence. If the evidence is weak or improperly obtained, your lawyer might argue for the charges to be dropped.
3. Consider the credibility of the accuser
The credibility of the person who accused you of domestic violence can also be a critical factor. If there are inconsistencies in their story or if they have a motive to lie, your attorney can use this information in your defense.
4. Engage in negotiations
Sometimes, the best course of action may involve negotiating with the prosecutor. This could involve agreeing to undergo counseling or other rehabilitation programs in exchange for dropping or reducing the charges. These negotiations require a skilled attorney who can advocate effectively on your behalf.
5. File a motion to dismiss
If there are legal grounds, such as insufficient evidence or rights violations during the arrest, your attorney may file a motion to dismiss the charges. This legal document requests the court to dismiss the charges due to these issues.
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6. Consider a pre-trial diversion program
Louisiana offers pre-trial diversion programs for certain offenders, which might include domestic violence charges under specific conditions. These programs usually involve counseling and education, and the charges could be dropped upon successful completion. Eligibility often depends on the nature of the offense and the defendant’s criminal history.
What if the accuser wants to drop the charges?
It’s important to note that in Louisiana, once domestic violence charges are filed, the decision to proceed with or drop the charges is in the hands of the prosecutor, not the accuser. While the accuser’s wishes may influence the prosecutor’s decision, they do not have the final say. Your attorney can work with all parties involved to help influence this decision.
Potential challenges to having a domestic violence charge dropped
Having a domestic violence charge dropped in Louisiana can be particularly challenging due to the state’s stringent laws designed to protect victims of domestic abuse. Key challenges include the following.
Prosecutorial discretion
In Louisiana, the prosecutor has the final say in whether to drop domestic violence charges, not the victim. This discretion helps protect victims from being pressured to recant truthful accusations.
Evidence against the accused
Strong and independent evidence like medical reports and eyewitness testimonies can make it challenging to drop domestic violence charges, as they substantiate the prosecution’s case without sole reliance on the victim’s testimony.
Mandatory arrest policies
Louisiana’s mandatory arrest policy in domestic violence cases ensures immediate victim protection but can complicate the legal process if the initial evidence is misunderstood or incomplete.
Zero-tolerance policies
Louisiana’s zero-tolerance stance on domestic violence leads to aggressive prosecution efforts to deter future offenses and safeguard the community, making it hard to drop charges even when there are mitigating circumstances.
Repeat offenses
Previous domestic violence allegations or convictions significantly hinder the chances of getting new charges dismissed, as the courts tend to be stricter with repeat offenders.
Impact of victim cooperation
Even if a victim is uncooperative or recants, this does not necessarily halt prosecution; it can sometimes even strengthen the resolve of prosecutors to continue with the case to ensure justice is served.
Public and community pressure
There is strong public and community advocacy for stringent action on domestic violence cases to reinforce community safety and communicate that such behavior will not be tolerated.
Charged with domestic violence? We can help.
Getting a domestic violence charge dropped is complex and requires a strong legal strategy. At The Johnson Firm, we understand the nuances of these cases and are dedicated to protecting your rights and achieving the best possible outcome. If you or someone you know is facing a domestic violence charge, don’t hesitate to contact us for comprehensive legal support.
Remember, each case is unique, and this general information should not replace professional legal advice. Always consult with an attorney for guidance specific to your situation.