Court dates, attorneys’ fees, and restraining orders often accompany domestic violence allegations in Tennessee. If you are falsely accused, the road to getting the charges dropped can be long and frustrating. At the Law Office of Rob McKinney, we have experience representing clients who need assistance getting the charges dismissed.
According to FindLaw, innocence and accusation are the two factors that determine whether charges may be dropped. Prosecutors are ethically obligated to ensure that justice is done in each case they bring to court. If there is no proof to support a conviction, your case may be dismissed. Physical evidence can determine whether you were violent during an altercation. Electronic and testimonial evidence can establish your whereabouts and prove that you were not present during the incident in question. If you are innocent, it is likely that charges will be dropped.
State or county prosecutors must file the appropriate charges. Even if the alleged victim recants their accusation, prosecutors are the only individuals who can have the charges dismissed. Although it is more likely to get charges dropped when the alleged victim refuses to testify, if there is evidence of guilt, the claim may stand.
Your life can be plunged into turmoil when domestic violence charges are filed against you. They could result in you being forced to stay away from your children, jail time, and facing eviction from your home. While you may be anxious to prove your innocence, it is critical that you present your side of the story carefully. Anything you say can be used against you, and if it provides evidence of your guilt, it will be.