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Written By: Matthew W. Peterson
Published: 06/20/2017
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Even if a victim of domestic violence decides not to pursue charges, it does not guarantee that the prosecution will drop the case. In Massachusetts, prosecutors maintain the discretion to continue with domestic violence charges, even if the victim expresses a desire to dismiss them. This is because they may view it as a matter of public interest and can compel the victim to testify, regardless of their wishes.
If the victim and the accused are married, the victim may invoke spousal privilege, which allows them to refuse to testify in court. This could lead to the dismissal of charges. Additionally, victims can assert their Fifth Amendment rights to avoid testifying against their spouse.
Should a victim fail to appear in court, they could face an arrest warrant issued by the prosecution. Furthermore, if a victim claims that an incident did not occur while under oath, they risk being charged with filing a false police report.
In some cases, the prosecution can proceed without the victim’s testimony. They may rely on 911 calls, medical records, or prior statements made by the victim during the incident. Even if a victim wishes to withdraw their complaint, a conviction could still occur based on other evidence.
Domestic violence charges carry serious implications, including potential jail time, immigration consequences, and restrictions on gun ownership. Therefore, it is crucial for anyone facing such charges to seek representation from an experienced Boston domestic violence defense attorney who understands these complexities and can effectively advocate for their rights.
At the Law Office of Matthew Peterson, we specialize in defending clients against domestic violence charges. Our firm is dedicated to providing personalized legal strategies tailored to your unique situation.
If you find yourself facing domestic violence allegations, don’t hesitate to reach out for help.
Contact us today at (617) 295-7500 for a consultation. Let us fight for your rights and work towards securing the best possible outcome for your case.
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