Domestic abuse violence and dropping charges

We often hear from both the accused and complainants in domestic abuse cases that the complainant wants to drop the charges against the accused. The next question is always: Won’t the state just dismiss my case, then?

The answer to that question is almost always no.

In Louisiana, the victim in a criminal case is not a party to the prosecution. In a civil case, the person who committed the wrongful act and the victim are both parties. The Plaintiff is the person who was hurt and the Defendant is the person who did the hurting. For example, in a car accident in which John Doe rear-ended Jane Roe, Doe would be the defendant sued by Roe.

In a criminal case, the State steps in to the shoes of the wronged party and brings the case against the defendant. So, for example, if John Doe were accused of committing a domestic abuse battery against Jane Roe, the case would be filed as State of Louisiana versus John Doe. And Jane Roe would merely be a witness in the State’s case.

That said, victims in Louisiana have certain rights established in our constitution and laws. Louisiana Constitution Article I, Section 25 establishes the rights of a victim:

“Any person who is a victim of crime shall be treated with fairness, dignity, and respect, and shall be informed of the rights accorded under this Section. As defined by law, a victim of crime shall have the right to reasonable notice and to be present and heard during all critical stages of preconviction and postconviction proceedings; the right to be informed upon the release from custody or the escape of the accused or the offender; the right to confer with the prosecution prior to final disposition of the case; the right to refuse to be interviewed by the accused or a representative of the accused; the right to review and comment upon the presentence report prior to imposition of sentence; the right to seek restitution; and the right to a reasonably prompt conclusion of the case. The legislature shall enact laws to implement this Section. The evidentiary and procedural laws of this state shall be interpreted in a manner consistent with this Section.

Nothing in this Section shall be construed to inure to the benefit of an accused or to confer upon any person the right to appeal or seek supervisory review of any judicial decision made in a criminal proceeding. Nothing in this Section shall be the basis for an award of costs or attorney fees, for the appointment of counsel for a victim, or for any cause of action for compensation or damages against the state of Louisiana, a political subdivision, a public agency, or a court, or any officer, employee, or agent thereof. Remedies to enforce the rights enumerated in this Section shall be provided by law.”

And Louisiana Revised Statutes Title 46, Chapter 21-B, Section 1844 establishes additional rights that victims and witnesses in criminal cases may have.

One of the rights established by these laws is notification and consultation with the district attorney’s office handling the case. This is the opportunity for the victim in a domestic abuse case to be heard about the resolution of the case. Often, a Victim Assistance Coordinator, an employee of the District Attorney’s Office, will be assigned to the case to whom the victim can make their requests.

If you or someone you know is facing criminal charges and would like to set up a consult, give us a call at (318) 459-9111.