Fans of TV crime and law dramas are familiar with the concept of an individual dropping the charges against someone who committed an offense such as a battery, assault or domestic violence. In reality, the person who was attacked usually does not have the option to drop charges. Once a complaint has been made, and the person responsible has been arrested and charged, the prosecuting attorney is the only person who can drop charges. Someone who has been charged with this type of crime needs the assistance of a criminal law firm in Mesa, AZ since the aspect of dismissing charges is not an easy matter.
People without a legal or law enforcement background may have some confusion about the concept of pressing charges. Fictional dramas would have people believe that a person who was assaulted has the option to press charges or not, but that only rarely is the choice of the individual. In domestic violence cases, for instance, the state of Arizona has been increasingly stringent about prosecuting people charged with this offense. Prosecutors and others working in the legal system understand the cycle of violence that tends to develop, with the victim repeatedly forgiving the offender after each successive incident. A criminal law firm in Mesa, AZ is typically necessary to approach the prosecution with sound reasons for dropping charges or for convincing a judge to dismiss the case.
In Arizona, even when the prosecution decides to drop charges in a domestic assault case, a judge must still approve that request. The victim is considered a witness for the state, although they have the right to refuse to testify. That can undermine the case enough so that the charges are dropped or the case dismissed. Often, the only witness to the assault is the victim. In some instances, however, neighbors or visitors to the home may be called upon to testify. Children who are old enough to understand the situation may be required to provide statements. An organization such as the law firm of Janet R. Feeley, L.L.C. is ready to assist the defendant. Browse website for more information on this Arizona attorney.