Domestic Violence Case Dismissal

Summary

In Virginia, once a domestic violence charge is filed, the state decides whether to pursue the case, not the victim. You can express your wishes to the prosecutor, but the final decision is theirs. Contact the court to find the prosecutors information. If the court doesnt have the case yet, keep checking back. For DUI concerns, even if not tested, your admission of driving while impaired can be used against you. Consult a legal advisor for specific advice.

Full Conversation

What if I don't know who the prosecutor is? No one has reached out to me. It was a fight between family members and we were just being stupid
You can typically find out who the prosecutor is by contacting the court where the case will be heard. They should be able to provide you with the prosecutor's name and contact information. Please remember, though, the decision to drop charges lies with the prosecutor, not the victim or the accused.
Why is that? Shouldn't it be my decision since I was the one involved?
In Virginia, once a domestic violence charge is filed, the state takes over:
- The law is designed to protect victims, who might be pressured into dropping charges.
- The prosecutor represents the public's interest, ensuring justice is served.
- This helps prevent a cycle of violence.
Remember, consult a legal advisor for specific advice.
I called the court and they don't have any of my sister's information
Are you sure you have the correct court? Sometimes cases are processed in different courts. If you're certain it's the right one, it could be that the case hasn't been filed yet. Please keep checking.
Yes. It would be the juvenile and domestic court in chesapeake virginia
It seems that the court hasn't yet received your sister's case. Keep checking back periodically. For specific assistance, consider consulting a legal advisor. Remember, it's the prosecutor who decides whether to pursue the charges, not the victim or accused.
Is it possible to convince the prosecutor to drop the case before the arraignment?
Yes, it's possible to express your wishes to the prosecutor before the arraignment. However, the ultimate decision to drop or pursue the case resides with the prosecutor. Again, consider consulting with a legal advisor for tailored advice.
can i get charged for a dui if i wasn't in the car
In Virginia, you could still potentially be charged with a DUI even if you weren't in the car. Factors such as possession of keys, proximity to the vehicle, and intoxication level could be considered. Please consult a legal advisor for specifics.
What if the police officers let me go and didn't test me for bac or do a field sobriety test? it has been two days
In Virginia, if the police didn't test for BAC or conduct a field sobriety test, it becomes less likely for them to charge you with a DUI after the fact. However, consult with a legal advisor for specifics.
i was far away from the vehicle but i told them that i did drive but pulled over because i knew that i wasnt good to drive
Did the police provide you with any documentation or follow up steps when they let you go? In Virginia, admitting to driving while impaired can potentially be used against you, even without a BAC test or field sobriety test. Please consult with a legal advisor.
no they just had me go home
Based on your information, it seems unlikely that you'll be charged with a DUI. However, this doesn't guarantee anything. Monitor your mail for any correspondence from the court or police. Also, consider consulting a legal advisor for specifics.
why would they charge me after the fact? they cant prove that i was legally above the limit
In Virginia, a DUI charge after the fact is less likely without a BAC or field sobriety test. However, your admission of driving while impaired may be taken into account. Legal proceedings can be complex, so consult with a legal advisor for specifics.