If your spouse or partner calls the police accusing you of domestic violence, it’s possible she may change her mind before an officer arrives. But even if she doesn’t want to prosecute, you still may face serious domestic violence charges.
In South Dakota, if a domestic violence victim does not want to prosecute, the alleged assailant could still be arrested. A police officer responding to a domestic violence call must arrest the person accused if there is probable cause that a crime was committed.
Similarly, if the victim initially cooperates in the criminal investigation but later changes her mind about testifying, the charges may not be dropped. Only the court or the prosecutor can dismiss the charges. Factors that are considered include:
If you were charged with domestic violence, you need to contact an experienced criminal defense attorney as soon as possible. Start an online chat to schedule a free consultation to learn how we can help you.
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