What Happens if an Alleged Victim Recants Allegations of Assault?

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In a battery charge, if the victim comes forward and says, “I do not want these charges to go forward,” then that definitely weighs on the state’s decision. However, in Florida, it is the prosecutor who is pursuing the charges, not the victim. The victim does not have the ability to make the state drop the charges. I would say that approximately 50% of the victims in domestic violence battery cases that involve family or romantic relationships recant their allegations. When they do, the state attorney will usually still pursue the case.

The prosecutor is assuming one of three things about the victim: they are doing what they need to do because they’re scared of the defendant, they are doing it because they need the defendant financially, or they are just too dumb and don’t know what is good for them. When a prosecutor makes the decision to move forward with a case despite the victim having recanted the allegation, they are usually doing so in the interest of preventing a similar occurrence with another individual in the future. This can make it very difficult to get cases dropped. Oftentimes these cases end up at trial for no reason other than the state’s unwillingness to drop the case.

How do You Advise Someone Who Thinks That Hiring an Attorney Will Make Them Look Guilty?

Unfortunately, to go into a criminal court in Florida and attempt to represent yourself is not a realistic option. The rules are complicated and the procedure is complicated. There is an old saying out there that says “The individual who represents themselves has a fool for a client.” It is very necessary to have an attorney represent you in court. You have a right to have a lawyer with you in court, and the great majority of individuals are going to have one. You will get no rewards for pleading guilty, and you will get no rewards for just doing what they tell you to do. It’s their job to prove the case against you. In fact, you have a right to make them prove the case against you. It is very wise to get someone who can help you through this process.

What Would You Say to Someone Who is Considering Self-Representation or Retaining a Public Defender For an Assault Case?

The standard within the criminal justice system is that it is the state’s burden to prove that you’re guilty. It’s not your job to prepare your version of events or to tell them what happened; they need to be able to prove what happened. Simply telling what may be the truth may not reflect the whole story. They may not understand the whole story, and they may not apply the law correctly. This is the difference between just hiring a public defender and finding someone who specializes in and has been doing this for decades.

What Sets You And Your Firm Apart in Handling Assault Cases?

We specialize in criminal law, and we’ve been doing this for over two decades in Florida. There is nothing that we like more than to try a case. The state attorneys know who tries cases. They are not going to do anything for you because you’re a nice person; they are only going to do something for you if you’re a threat to win at trial. In the very end, hiring us is going to put you on a different planet than you would be with anyone else.

Additional Information on Assault And Battery Charges in Florida

If there is a victim who wants to recant their allegation or does not want to go forward, simply sending them to the state attorney’s office can be an issue in that they will never speak with the actual prosecutor. Instead, they will speak to a victim’s advocate and a witness coordinator. While there may be an order disallowing contact between the alleged victim and defendant, the victim can contact the defendant’s attorney.

We can certainly listen to their story and help them put together a sworn statement that can be delivered to the actual prosecutor. That way, we can see if there is something we can do to explain their unwillingness to go forward. They may have a different version of events because they didn’t tell the truth initially, and they may want to go back and speak the truth. However, the victim will not be able to speak with the right people by simply walking into the courthouse and trying to tell a state attorney their story.

For more information on Recanting Allegations Of Assault In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 263-4384 today.