A domestic violence charge isn’t just between you and the other person—it’s between you and the State of Florida. Even if the alleged victim doesn’t want to pursue the case, the prosecution can still move forward. That’s why early legal representation is critical.
As a Broward County domestic violence defense lawyer, Dave Simmons helps people fight for their future—before the system makes decisions for them. If you're hoping to have your case dismissed, there are steps you can take right now that may make all the difference.
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Why the State Takes Control of Florida Domestic Violence Cases
Florida law treats domestic violence as a serious public safety issue. That means the decision to prosecute doesn’t rest with the alleged victim. Even if they ask to “drop the charges,” the State Attorney’s Office has the final say.
Here’s why prosecutors may still pursue the case:
- Public policy concerns. Prosecutors often believe pursuing charges may prevent future violence—even if the victim is no longer cooperating.
- Physical evidence. Visible injuries, 911 calls, and officer testimony can support prosecution without the victim’s input.
- Pattern of violence. A criminal history or past accusations can influence whether the case proceeds.
But that doesn’t mean the case is hopeless. In fact, early legal action—often before formal charges are filed—can significantly impact the outcome.
What Is “Early Representation”—And Why Does It Matter?
Early representation refers to hiring a defense lawyer immediately after arrest—even before your arraignment or first court appearance. This isn’t just about being “prepared.” It’s about influencing the prosecutor’s decision before they formally file charges.
An experienced attorney can:
- Communicate with the prosecutor. Your attorney can present mitigating facts early, which may influence the decision to move forward with charges.
- Submit evidence that supports your defense. This may include text messages, call logs, video footage, or witness accounts that contradict the arrest report or cast doubt on the allegations.
- Request a “no file” decision. If there’s insufficient evidence or the alleged victim is unwilling to cooperate, your lawyer can argue for the case to be dropped before charges are formally filed.
In many cases, early intervention leads to reduced charges, deferred prosecution options, or a full decision not to prosecute.
What Is a Waiver of Prosecution—and Does It Work?
A waiver of prosecution is a document signed by the alleged victim asking the State to drop the charges. While it’s a useful tool, it’s not a magic wand.
Here’s what to know:
- It’s not binding. Prosecutors are not required to dismiss a case just because a waiver is submitted.
- It must be voluntary. The court will scrutinize waivers for signs of coercion or pressure from the accused.
- It can support your case. If paired with a clean criminal history, a strong defense, and a lack of evidence, it can help your attorney push for dismissal.
Steps You Can Take Right Now to Strengthen Your Case
If you’ve been arrested for domestic violence in Broward County, time is not on your side. The decisions you make in the first few days can shape the outcome of your entire case. Fortunately, there are clear actions you can take right now to strengthen your position and increase the chances of getting the charges dropped:
- Get legal help immediately. Hiring a defense attorney early gives you the best shot at stopping the case before it officially begins. In some cases, your lawyer can speak to the prosecutor before charges are filed and request a “no file” decision.
- Don’t contact the alleged victim. Even if you're trying to smooth things over, any communication—especially under a no-contact order—can be used against you and result in additional charges.
- Save key evidence. Preserve anything that supports your side of the story, including texts, call logs, video footage, or witness names. This information can be critical when your attorney challenges the prosecution’s case.
- Write everything down. While details are fresh, document exactly what happened before, during, and after the incident. Your memory will fade—this record won’t.
These proactive steps can make a powerful difference—especially in cases where:
- No visible injuries or medical records. The absence of physical evidence can make it harder for prosecutors to prove their case beyond a reasonable doubt.
- The alleged victim won’t cooperate. If the person who made the accusation refuses to testify or submit a sworn statement, the prosecution may struggle to move forward.
- Mutual confrontation occurred. When both parties were involved in the altercation, the situation becomes more complex—and potentially less prosecutable.
- You have no criminal history. First-time offenders are often considered for case dismissal, diversion programs, or reduced charges.
A domestic violence arrest is serious—but it doesn’t mean a conviction is inevitable. With the right legal strategy, you may be able to walk away without a criminal record.
Broward County domestic violence defense lawyer Dave Simmons knows how prosecutors think—and how to intervene before charges are locked in. If you’ve been arrested, don’t wait. The earlier you act, the more options you may have.
