Regarding a DV case
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Regarding a DV case
I was arrested for DV in late May in Broward County. Court date is the end of
June. The party that filed the charges against me does not want to proceed.
She is thinking of not showing up in court at all.
1 What happens to the case/ and my record?
2 What would happen if I cancelled my attorney now and appeared
in court without representation knowing that she does not want to
file charges?
Asked on June 19, 2017 under Criminal Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If there is other evidence to support a conviction, then the state can still move forward with the case. While there position would be stronger with the victim's cooperation (including their testimony in court), a conviction can still be sought. The case will not automatically be dismissed. Further, if the victim is subpoenaed and ignors it, she will be violating a court order and can be held in contempt and face fines and possible jail time. Frankly, if you have legal counsel you need to discuss all of this with them before doing anything else.
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