Domestic violence cases are different than any other type of case in the Massachusetts criminal courts. The main reason for this is that unlike most cases, the accused and the complaining witness know each other extremely well. They also vary from many other cases, because the police are often quick to arrest someone on a mere allegation - even when there is no other evidence than the complaining witness’ story. Because of this, it is common that the complaining witness will want to drop the charges, and I have been asked by many clients how this can be done. The simple answer is, it can’t. Once an arrest has been made, or a person. Has been charged, the complaining witness no longer has the ability to drop the charges, only the District Attorney’s Office does. And, they won’t. They won’t drop the charges if the complaining witness says that they don’t want to go forward. They won’t even drop the charges if the complaining witness tells them that they lied to the police. Instead, the case must go to trial. Now, just because the case goes to trial doesn’t mean that there will actually be a trial. In many of these circumstances, the prosecutor will report that they are not ready on a trial date and the case will then be dismissed.
However, sometimes it is not that simple. In domestic violence cases, such as Assault and Battery on a Family/ Household Member, Violation of a 209A Order, or Strangulation/Suffocation, the prosecutor will look to prove the case even if the complaining witness does not support them. This can be done in a number of ways, but here are the most common:
- Excited utterance - An excited utterance is often found on the 911 tape when the complaint witness calls for police assistance. Because it is a statement that is an exception to the hearsay rule, these statements can be used even if the caller isn’t in court.
- Prior court statements - If the complaining witness has been to court before, especially for a restraining order, the prosecutor may be able to use their prior testimony at trial.
- Third-party witnesses - If anyone else saw or heard the incident, the prosecutor can call that person as a witness to testify against you.
If you have been charged with a crime involving domestic violence, call DeGiacomo & Mikhlin, P.C. today for a free case evaluation.