So you or a loved one has been charged with a domestic violence case and the accuser no longer wants to cooperate with the prosecution. Why won’t the prosecutor just dismiss your case? Why do they care and how can they go forward without their star witness?
As a former assistant district attorney with years of experience prosecuting domestic violence cases, I can tell you there could be various reasons a prosecutor can think of for not dismissing your case when your accuser is no longer willing to cooperate or has completely changed their story.
In the State of Texas, the Code of Criminal Procedure Art. 2.01 makes it “the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done.” While justice may ultimately require that your case be dismissed, many times the prosecution wants to review the available evidence in your case before they make that determination. But why?
Domestic Violence as a Gateway Crime
Prosecutors may believe your domestic violence case is a gateway to future domestic violence or escalating violence. Whether it is your first offense or you have previously been accused of domestic violence, the Federal and Texas government as well as local District Attorney offices pay special attention to domestic violence cases. Even though you are innocent unless and until proven guilty, this special attention may mean that your case’s eventual dismissal or acquittal could take longer.
The New Story is Inconsistent with the Available Evidence
At times, an accuser may wish to retract or correct their previous statements by speaking directly to the District Attorney’s Office or by submitting what is called an affidavit of non-prosecution. A prosecutor will not automatically accept the new or corrected statement as the truth but may instead analyze both the original and new versions of events against the evidence collected by the police during their investigation. If the accuser’s new story is inconsistent with the other evidence in the case, the prosecutor may choose to refer your case for further investigation or proceed with your case under the assumption that the accuser’s original statement is the truth.
The Cycle of Violence
A prosecutor may want to hold off on dismissing your case due to their belief that your accuser is in the cycle of violence. The cycle of violence is believed to be pattern of behaviors which keeps people in abusive relationships. The cycle includes four repeating stages: tension building, violence, reconciliation/honeymoon, and calm. Because the violence stage is usually followed by the reconciliation stage, prosecutors may choose to ignore your accuser’s sincere attempt to correct a previous misstatement or withdraw their false accusation as an attempt by the accuser to reconcile with you. While they know that your accuser has now made inconsistent statements, the prosecution can choose to take your case to trial with the hopes of explaining the inconsistency away by bringing in a State sponsored expert to claim that the corrected statement or attempt to retract the previous statement is motivated by the cycle of violence.
You Have Rights!
While prosecuting domestic violence cases without the star witness may sound illegal, the law gives prosecutors a small window to prosecute under these circumstances when the witness is living but otherwise unavailable. If you are fighting a domestic violence case whether your accuser is cooperating with the prosecution or not, you have rights and having an experienced Houston domestic violence defense attorney in your corner is essential to ensure those rights are protected. Call us today at (713) 728-7878 for a free consultation!