Can an Alleged North Carolina Domestic Violence Victim Take Back False Charges?
All too often, someone charges domestic violence in retaliation for a painful break-up. Or a divorcing spouse files charges in an attempt to strengthen his or her custody case. However, once police hear the accusation, the alleged victim cannot stop the criminal process simply by taking back the original charges. Individuals arrested because of false domestic violence charges need a skilled Raleigh domestic violence defense attorney at their side to protect their rights during questioning, and throughout the criminal process.
In many cases, victims of domestic violence rescind their initial allegations out of fear of further violence against them or a loved one. This is why police must proceed with an arrest based on the first accusation they hear from an alleged victim. According to the North Carolina Coalition Against Domestic Violence, victims cannot dismiss these criminal charges. Only the state has this power.
Innocent individuals facing charges should never assume their cooperation with police could help them quickly secure their freedom after a domestic violence arrest. Defendants need to take full advantage of their Miranda rights by requesting that all questioning stop. Then, they need to call an experienced Raleigh domestic violence defense lawyer. In some cases, an attorney may have irrefutable evidence to get the charges dropped early in the process. However, these cases often go to trial and require experienced and dedicated legal support.
Domestic violence allegations involve complex state and federal laws, and require a legal defense team with extensive knowledge of these laws. With over half a century of experience defending clients in North Carolina and federal courts, the law firm of Hatch, Little & Bunn, L.L.P. provides comprehensive and skilled legal defense without judgment. Contact us to learn how we can help.
December 17, 2013 Posted in Criminal Defense Tagged domestic battery, domestic violence Leave a comment
