Regarding a DV case

UPDATED: Sep 30, 2022

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Regarding a DV case

I was arrested for DV in late May in Broward County. Court date is the end of
June. The party that filed the charges against me does not want to proceed.
She is thinking of not showing up in court at all.

1 What happens to the case/ and my record?
2 What would happen if I cancelled my attorney now and appeared
in court without representation knowing that she does not want to
file charges?

Asked on June 19, 2017 under Criminal Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If there is other evidence to support a conviction, then the state can still move forward with the case. While there position would be stronger with the victim's cooperation (including their testimony in court), a conviction can still be sought. The case will not automatically be dismissed. Further, if the victim is subpoenaed and ignors it, she will be violating a court order and can be held in contempt and face fines and possible jail time. Frankly, if you have legal counsel you need to discuss all of this with them before doing anything else.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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