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Both defendants and victims who are charged with domestic violence charges will be impacted once charges are brought; nonetheless, not all domestic violence cases end in a conviction. A number of factors exist that result in a domestic violence case being dismissed, including legal, procedural, and evidentiary aspects. To ensure that each case is pursued fairly and that justice is served, the courts hold very high standards.
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1. Insufficient Evidence
All criminal prosecutions require evidence. So long as the prosecutors are unable to present sufficient evidence to establish the defendant’s guilt beyond a reasonable doubt, the case will not be accepted in court. Physical evidence or witness testimony must support the alleged crime. If the case has insufficient evidence to establish the required elements to prosecute, the judge will usually dismiss the case.
2. Victim Refusal to Testify
When a victim declines to testify or withdraws her/his initial statement, it creates an extraordinary burden on the prosecution. While many states permit cases to proceed without a cooperative victim, the absence of a direct testimony often weakens the evidence. Courts are generally unwilling to depend on prior statements versus live testimony, which often results in domestic violence charges being dropped.
3. Violation of Law Enforcement Procedure
Law enforcement agencies must follow established procedures when making arrests and investigating crimes. When law enforcement violates the defendant’s constitutional rights, the defense attorney can challenge the admissibility of the evidence based on the violation. If the court finds that a significant portion of the evidence relied upon by the state is illegal, the evidence may be suppressed, and the prosecutor may have no other option but to drop the case.
4. Inconsistent Witness Statements and Physical Evidence
If the statements made by the victim or other witnesses regarding the alleged incident are inconsistent at different times, or contradict other physical evidence from the alleged incident, the prosecution may refuse to use those statements. If the unreliability of the testimony of witnesses substantially weakens the prosecution’s position, the judge may decide that the case cannot proceed.
5. Defendant Did Not Act Intentionally or Claimed Self-Defense
To prove that a defendant committed a crime involving domestic violence, it is critical to demonstrate the defendant’s intent. If the defendant did not act intentionally, or if the defendant demonstrated a valid self-defense claim, then the charges against the defendant are unlikely to prevail. If the defendant’s self-defense claim is supported by credible evidence, such as witness statements, medical records, and previous threats made by the alleged victim, the prosecutor may dismiss the case.
6. Out-of-Court Settlements or Diversion Programs
There are instances where a judge or prosecutor permits a diversion program instead of proceeding with the prosecution, especially for first-time offenders of domestic violence. These programs usually consist of counseling, anger management courses, and community service. Completion of a diversion program may result in dismissal of the charges. While diversion programs are not available in every county or jurisdiction, they can assist in rehabilitation of the defendant instead of focusing on punishment.
7. Prosecutorial Discretion & Case Priorities
Prosecutors can select which cases they want to pursue and may decline to pursue a case when the court is extremely backlogged or when the evidence to support the case appears weak. This decision does not indicate that the defendant is innocent, but merely indicates that the odds of obtaining a conviction appear to be low.
Key Takeaways
- The most common reason for dismissal is due to insufficient or lacking evidence.
- Cases may be dismissed when the victim’s cooperation is withdrawn.
- Violations of procedural or constitutional rights may preclude charges.
- A prosecution’s case can be severely impacted when there are inconsistencies in witness testimonies.
- Dismissal of a case may be possible if the defendant successfully claims self-defense or participates in a diversion program.
- The prosecutor’s discretion determines whether a case will be dismissed.
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