Can a Domestic Violence Charge Be Dropped if the Alleged Victim Changes Their Mind?

Prosecutors, not victims, bring criminal charges in Nevada. This process is much more complex than you may have seen in movies or on TV. More importantly, once the process starts, it can be difficult to reverse quickly.

This fact can spell bad news for those accused of domestic violence. Police officers and prosecutors take family abuse seriously. The prosecution of the accused could continue even after a victim changes their mind about what happened. 

However, if the victim’s change of heart aligns with the evidence, the victim’s new testimony could prove valuable to the accused’s defense team.

How Criminal Charges Are Brought in Nevada

Under Article 1, Section 8 of the Nevada Constitution, prosecutors must bring criminal charges by information or indictment. 

An indictment occurs when the prosecutor’s office presents evidence to a grand jury. The jurors issue the indictment if they determine that the evidence establishes probable cause to believe a crime has been committed. The accused is arrested and bound over for trial.

An information occurs when a police officer arrests someone based on probable cause. After the arrest, a magistrate or justice of the peace conducts a preliminary examination to review the officer’s evidence of probable cause. If the judicial official finds probable cause, the information is issued, and the accused is bound over for trial.

Unlike what you might see in the media, victims do not “press charges” in Nevada. Instead, the decision to arrest is left to the police, the decision to pursue an information or indictment is left to prosecutors, and the decision to hold the accused for trial is left to a grand jury, magistrate, or justice of the peace.

In other words, a victim cannot choose to drop the charges or choose not to press charges against the accused. The victim simply does not have that power. However, a victim who changes their mind about domestic violence charges might alter the course of the prosecution, making it impossible for prosecutors to proceed with their case.

Impact of a Victim Changing Their Mind on Las Vegas Domestic Violence Charges

A victim who changes their mind about domestic violence charges can affect a prosecution in several ways.

Victim Refuses to Cooperate

A victim who changes their mind could become uncooperative. They might refuse to testify in any hearings or at trial. They might even disappear from Las Vegas, leaving prosecutors with no complaining witness for their case.

In this situation, prosecutors might still proceed with the prosecution. Without a complaining witness, the prosecutors will still need to prove what happened. However, if they have your confession and photos of the victim’s injuries, they might still have a case.

Even though it constitutes hearsay, prosecutors might even be able to use prior statements from the victim to the police, a 911 operator, or a doctor about what occurred. However, your defense attorney can fight the admissibility of these statements as unreliable.

Victim Changes Testimony

A victim who changes their mind might go further than becoming uncooperative. They might recant their story and tell a different one. This change of heart can be fatal to a prosecutor’s case, depending on the other evidence. 

At this point, the prosecutor must weigh the evidence that you committed domestic violence against the victim’s testimony that the domestic violence never happened.

The prosecutor could continue with the case, relying on the other evidence of domestic violence. Again, your confession, plus photos of the injuries and the police officers’ testimony about their observations, might be enough for the prosecutors to take the case to trial.

The drawback of this strategy is that your attorney will call the alleged victim as a witness on your behalf, so they can testify that you did not commit domestic abuse. 

The prosecutors may raise the possibility that the witness was intimidated into lying during cross-examination. However, the victim’s change might be enough to raise reasonable doubt and secure an acquittal.

Alternatively, prosecutors might not have enough evidence to convict without the complaining witness’s testimony. They might dismiss your charges or offer a plea deal. If the prosecutors dismiss your charges, your case ends, although prosecutors might be able to refile the charges if additional evidence emerges. 

If you accept a plea bargain, your case also ends. However, you will have a conviction on your record and will be sentenced based on the deal you reach.

Contact DUI Doctor to Discuss Your Domestic Violence Defenses

Domestic violence is a serious charge that could result in imprisonment, loss of firearm ownership rights, and other consequences. Contact us to schedule a consultation to learn how we fight for your freedom and reputation after domestic violence accusations against you.