What Would Make A Prosecutor Drop Domestic Violence Charges?
If a prosecutor determines—after a thorough review of the facts and evidence in a case—that there is not sufficient cause to move forward with a charge, then they will typically drop it.
Do I Have The Right To Defend Myself In A Domestic Violence Incident?
Under the laws in Nebraska, you have an absolute right to defend yourself, and self-defense is a defense that’s commonly used in domestic violence cases. However, the force of the self-defense would have to be justified. For example, if someone hit you in the face and you responded by pulling a knife on them, then that probably wouldn’t be considered appropriate self-defense.
How Will A Prior Conviction For Assault Impact My Domestic Violence Case?
Prior convictions or charges on your record cannot be considered in the determination of whether or not it is appropriate to file charges against you. If, however, you are ultimately found guilty, then the judge would consider your criminal history when sentencing you.
Am I Allowed To Speak With My Spouse After Being Arrested On Domestic Violence Charges?
If you’re charged with domestic violence, then you will most likely have a no-contact provision with the alleged victim. It is advisable to avoid speaking to the alleged victim unless you’ve gone to court and received specific permission to do so. In some cases, speaking with the alleged victim may be allowed. For example, if you need to have access to your children, the courts might make an exception. Such exceptions should be in an order form prior to any contact so that you won’t be arrested for any violations.
I Believe I Was Overcharged In My Domestic Violence Case. Should I Accept A Plea Deal?
It’s common to be overcharged. Prosecutors will often stack up multiple charges for the same offense in an attempt to get you to accept a plea agreement where they will drop or amend some of the charges and leave the others. If you feel that your charges are accurately reflected in the information presented by the prosecutor, then it would probably be a good idea to plead, but if you simply aren’t guilty and they don’t have the evidence to prosecute you, then it would be worthwhile to proceed to trial.
How Do Police Determine Who The Aggressor Is In a Domestic Violence Situation?
There is no science behind how the police determine the identity of the aggressor in a domestic violence situation. The police will look for signs of one party or the other being the aggressor. If there are clear signs that there has been a fight or that some type of violence took place, then they will have to make an arrest, and oftentimes they choose to arrest males over females. It’s just a fact of life that an individual officer may use their personal experience to make these decisions.
Is There A Cooling Off Period In Domestic Violence Cases?
There is no cooling-off period before someone gets arrested for domestic violence or decides to press charges of domestic violence. However, an officer may choose to separate the parties involved and ask whether or not the alleged victim actually wants to move forward by pressing charges.
For more information on Domestic Violence Charges Being Dropped, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 235-6070 today.
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