Getting arrested for domestic abuse can be a heartbreaking, confusing experience. While you may think that the prosecution will drop the charges against you if your spouse wishes it so, that’s not always the case in New Jersey. In New Jersey, it is not up to your spouse whether or not the charges against you for domestic abuse stand. That decision is up to the prosecution. That said, your spouse can recant an untruthful account to the police and refuse to cooperate with the prosecution. Without a complaining witness or access to certain information, a New Jersey prosecutor may choose to drop the charges against you. Even if your spouse recants, hiring an experienced attorney is important. A domestic abuse conviction can haunt you for the rest of your life, so it’s crucial to enlist help from a skilled lawyer and clear your name of wrongdoing. After getting arrested for domestic abuse, call our lawyers. For a free case evaluation with the Cape May domestic violence defense attorneys at the Law Offices of John J. Zarych, call today at (609) 616-4956.
Can Your Spouse Drop Domestic Abuse Charges Against You in New Jersey?
Unfortunately, it is not uncommon for a spouse to press charges against their partner for domestic abuse in New Jersey. Should the unthinkable happen to you and your partner, in a moment of anger or frustration, press charges against you, that decision might permanently change your life. Getting arrested for domestic violence can be an emotional, confusing experience. After your spouse chooses to press charges against you, it is then a New Jersey prosecutor who decides whether to move forward with a case At any point, your spouse can choose to recant their accusations and decide to no longer work with the prosecution. That does not mean they can decide whether or not to drop the charges against you. That decision remains with the prosecution. Deciding to press charges against a partner for domestic violence is often done out of intense emotion. Reporting a spouse to the police for domestic violence and contributing to their arrest can severely impact the rest of their life. Unfortunately, if you were recently arrested for domestic abuse in New Jersey, your spouse cannot choose to drop the charges against you.
What Happens if Your Spouse Wants to Drop Domestic Abuse Accusations in New Jersey?
If, after you are arrested for domestic abuse in New Jersey, your spouse realizes they have made a mistake, they can choose to clarify their intentions and experiences to the police and the prosecution. While your spouse cannot decide to drop or dismiss any charges against you, they can undermine the prosecution’s case. If your spouse contributed to your arrest for domestic abuse, that doesn’t mean they cannot help your case. In New Jersey, like most states, the prosecution decides whether or not to bring charges. Even after a person is arrested, the prosecution decides if it is prudent to continue to trial. Because of that, the prosecution, and the prosecution alone, can choose to drop domestic abuse charges. That does not mean your spouse cannot tell the truth. Without a complaining witness or a spouse’s testimony, it can be extremely difficult for New Jersey prosecutors to build a case against a defendant for domestic abuse. If your spouse chooses to recant their accusations, such testimony can be invaluable to your New Jersey criminal defense attorney during a trial. Without a victim, proving a defendant’s guilt for domestic abuse can be difficult. If your spouse chooses not to work with the prosecution, the prosecution may be forced to drop the domestic abuse charges against you. Without your spouse, the prosecution may not have access to certain documents, information, and testimony that they might otherwise use against you at trial. Keep in mind, however, that any attempts to convince your spouse not to testify or to recant could be considered witness intimidation. So it is important that they come to this decision on their own, not because of pressure from you or your attorney.
What to When Facing Domestic Abuse Charges in New Jersey
Getting arrested and facing trial for domestic abuse can be extremely emotional. Defendants are likely to be confused, upset, and fearful of the future. A domestic abuse accusation, even if recanted, can seriously impact your life. Because of that, it’s important to turn to an experienced Atlantic City criminal defense attorney. Domestic violence charges can make it difficult for New Jersey residents to find safe housing and dependable employment. Domestic abuse charges can harm your relationship with children and other family members. Often, police officers and prosecutors encourage spouses to get a restraining order against a partner accused of domestic abuse. A restraining order can remove you from your home and your loved ones and ultimately hurt your defense. A restraining order can also make it difficult to get the charges against you dropped, even if your spouse has recanted their accusation. If you are facing domestic abuse charges in New Jersey, it’s important to hire a lawyer immediately. Your Glouchester City, NJ domestic violence defense attorney can exploit the holes in the prosecution’s defense to help clear your name. It is important to note that even if your spouse is no longer working with the police or the prosecution, that doesn’t mean the prosecution will immediately drop the charges against you. If you’re still facing a criminal trial for domestic abuse after your spouse recanted, turn to an experienced lawyer for help.
Call Our Attorneys About Your Domestic Abuse Charges Today
If you’re facing criminal charges for domestic abuse in New Jersey, our lawyers can help. For a free case evaluation with the Sea Isle City domestic violence defense attorneys at the Law Offices of John J. Zarych, call today at (609) 616-4956.