Скачать или смотреть Will The DV Charge Be Dismissed If The Victim Recants? // Right Law Group

Will the DV charge be dismissed if the victim recants or takes back what they said? The short answer is NO. Find out more about Domestic Violence Charges → https://www.rightlawgroup.com/colorad...

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Transcript: The question that our clients commonly ask when they're facing domestic violence charges is, will the case get dismissed if the named victim recants? Or in other words, takes back what they said? The short answer to this question is no. The issue is when domestic violence is alleged in any kind of case, and law enforcement in the district attorney's office becomes involved. The driving force behind the case moves from the reporting witness or the alleged victim onto the state. In other words, if you have someone who calls the police after an argument, and they say that there's some situation that may involve domestic violence, and the police begin to investigate, at that point, it's actually out of the victim's hands, even if the named victim came forward and recanted or took back what they said, if they say I lied or made it up or anything like that to the district attorney or to law enforcement. The district attorney and law enforcement are very, very hesitant to accept that as true. There's a lot of studies that have been done on domestic violence and true domestic violence situations, a lot of times people will recant or take back their story due to outside pressures. So if the family's trying to pressure the named victim to take it back, because it's impacting the family. If the actual person who's been charged the defendant the case tries to pressure them. A lot of times people will try to recant what they've said. And for that reason, the district attorney's office very rarely listens to a recant and says, okay, yes, I'm going to dismiss the case, because they said it didn't happen. What often happens is if a victim comes to the district attorney, and there have been domestic violence charges filed, and the victim says, I made it all up, I take it back, it didn't happen, it can actually make the DHS case stronger, because the DA will then be able to bring in a domestic violence expert, that expert will testify at trial, stating that in a true domestic violence relationship, oftentimes victims recant as a way of protecting their abuser. So even though logically, especially in a case where it was just an argument, and nothing really happened, a lot of people think, well, if I go and I say it didn't happen, then the whole thing just gets dismissed. Unfortunately, that's not the case. Now, there are ways that cases can be dismissed. In Colorado Springs, for example, there is a process called a PPR, which is a pre-plea investigative report, where you can actually talk to a counselor and see what the underlying situation entailed in a given case to see if it actually was an act of domestic violence. But just the idea of a victim recanting a statement does not result in an automatic dismissal. In fact, I have never seen a victim recant in a case and then the DA dismissed. Ultimately what happens is the district attorney has to do their own investigation to determine what happened now, if there's proof of someone lying about something, and there's actual documentation that may make the case stronger for the defense to say that this was not an actual incident that happened, but just saying, Okay, well, if the victim goes and changes their story, the case gets dismissed. That never happens. It's incredibly important that you talk to an experienced criminal defense attorney who is well versed in domestic violence laws, especially if you have these types of questions....