DOMESTIC VIOLENCE CHARGES WAIVERS OF PROSECUTION FLORIDA

Domestic Violence cases are serious. There are many cases. Many legitimate and many not worthy of prosecution. Victims can acquire waivers of prosecution from Criminal Defense Attorneys, The state attorney's office or from a Victim Advocate. The waiver does not guarantee the case will be dismissed but simply adds another piece to the case. There are many reasons to fill out a waiver. Often times, alleged victims explain that they were impaired by drugs and or alcohol or that they were the aggressors and that the person arrested was only defending themself or that they exagerrated when police were called because they were mad and that there was no unwanted touching. Many times it is a combination of these factors. Obviously, information such as this is important to prosecutors and defense counsel. Prosecutors do not want to prosecute and convict innocent people. They want to know that the arrest and prosecution is warranted. Prosecutors want to know if there are any problems with their cases. Accordingly, waivers of prosecution often add additional information that the prosecutor did not have previously. Keep in mind that the defense attorney that represents the defendant cannot give legal advice to a victim. There is a conflict. Defense attorneys can supply a waiver but they can't give any input as to what you write. They simply act as an officer of the court and forward to the appropriate party. Obviously, when it is benificial to their client they are doing everything posssible to make sure the prosecutor reads it.
* Please note this is not legal advice. If you need legal advice please contact an attorney. This information is for educational purposes and does not form an attorney client relationship. This is basic information. It is unscripted. There is no editing. There is much more information regarding domestic violence and waivers of prosecution that are not discussed here. If you need help contact our office or an attorney in your jurisdiction.

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