A “Sample Letter To Prosecutor To Drop Charges Domestic Violence” is a letter. It asks the prosecutor to drop domestic violence charges. This letter is often written by the alleged victim. They might not want to press charges.
Need to write such a letter? You’re in the right place. We will share letter samples here. These samples can help you.
Our article offers templates and examples. Use these to easily write your own letter. We aim to simplify the process for you. Let’s get started.
Sample Letter To Prosecutor To Drop Charges Domestic Violence
**Sample Letter To Prosecutor To Drop Charges Domestic Violence**
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
[Date]
[Prosecutor’s Name]
[Prosecutor’s Office]
[Address of Prosecutor’s Office]
**Subject: Request to Drop Charges – Domestic Violence Case [Case Number]**
Dear Prosecutor [Prosecutor’s Last Name],
I am writing to you today regarding the domestic violence charges currently pending against [Defendant’s Name] in case number [Case Number]. I am [Your Relationship to Defendant – e.g., the alleged victim, Defendant’s spouse].
I respectfully request that your office consider dropping all charges against [Defendant’s Name].
The incident on [Date of Incident] was an isolated event. [Briefly explain why you want the charges dropped. E.g., “Since that time, we have both attended counseling and are working towards reconciliation.” or “I do not wish to press charges and believe that pursuing this case will cause undue hardship for everyone involved.” or “I was under extreme emotional distress at the time and my statements may not accurately reflect what happened.”].
I understand the seriousness of domestic violence. However, in this particular situation, I believe that pursuing these charges is not in the best interest of my family or myself. I am not in fear of [Defendant’s Name], and I do not believe [he/she] poses a threat to my safety.
I am willing to cooperate fully with your office in providing any additional information you may require. I can be reached at the phone number or email address listed above.
Thank you for your time and consideration in this matter.
Sincerely,
[Your Signature]
[Your Typed Name]
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How to Write Letter To Prosecutor To Drop Charges Domestic Violence
Subject Line: Clarity is Key
- Be succinct. Aim for: “Request to Drop Charges – [Defendant’s Name] – Case Number [Case Number]”.
- Avoid ambiguity. A prosecutor should immediately grasp the letter’s purpose.
- Never admit culpability in the subject line.
Salutation: Respectful Overture
- Address the prosecutor formally. “Dear Prosecutor [Prosecutor’s Last Name],” is generally suitable.
- If you know their title (e.g., District Attorney), use it: “Dear District Attorney [Prosecutor’s Last Name],”
- Avoid overly familiar greetings. Professionalism is paramount.
Introduction: State Your Purpose Directly
- Open with a clear statement. For instance: “I am writing to respectfully request that you consider dropping the domestic violence charges against [Defendant’s Name] in case number [Case Number].”
- Briefly allude to your relationship with the defendant (if applicable and supportive of dropping charges).
- Avoid emotional pleas at this stage. Stick to factual declarations.
Body Paragraph 1: Mitigating Circumstances
- Detail any extenuating circumstances. Were there misunderstandings? Were emotions inflamed?
- Provide context without excusing potential wrongdoing. Focus on antecedents.
- If applicable, mention any counseling or anger management the defendant is undertaking. Demonstrate proactive remediation.
Body Paragraph 2: Impact on Involved Parties
- Explain the ramifications of pursuing the charges. How will it impact the defendant’s life, family, or career?
- If children are involved, emphasize the potential repercussions of family separation or disruption.
- Discuss any financial hardships prosecution would engender.
Body Paragraph 3: Victim’s Perspective (if applicable and supportive)
- If the alleged victim supports dropping the charges, explicitly state this. Ideally, the victim should provide a separate affidavit or statement.
- Cautiously relay the victim’s wishes, ensuring the letter doesn’t appear coercive. Use phrases like, “It is my understanding that [Victim’s Name] does not wish to pursue these charges.”
- Never misrepresent the victim’s stance. Authenticity is crucial.
Closing: Courteous Conclusion
- Reiterate your request succinctly. “Therefore, I respectfully request that you re-evaluate the case and consider dropping the charges against [Defendant’s Name].”
- Offer your availability. “I am available to provide any further information you may require.”
- End with a formal closing: “Sincerely,” or “Respectfully,” followed by your name and contact information.
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Frequently Asked Questions: Requesting Dismissal of Domestic Violence Charges
This FAQ addresses common inquiries regarding submitting a letter to the prosecutor requesting the dismissal of domestic violence charges. Please note that the decision to drop charges rests solely with the prosecutor.
1. Can a victim of domestic violence drop the charges?
No, the victim cannot directly drop the charges. The decision to prosecute rests with the state, represented by the prosecutor.
2. What should be included in a sample letter requesting dismissal?
The letter should include your name, case number, a statement explaining your reasons for requesting dismissal (e.g., reconciliation, misunderstanding), and a clear request for the charges to be dropped.
3. Does writing a letter guarantee the charges will be dropped?
No, writing a letter does not guarantee dismissal. The prosecutor will consider your request along with other factors, such as evidence, prior history, and public safety.
4. Should the letter be notarized?
Notarizing the letter can add credibility, but it is generally not legally required. Consult with an attorney for specific advice.
5. What are the potential consequences of requesting the charges be dropped?
There are no direct legal consequences to requesting charges be dropped. However, the prosecutor may still proceed with the case even against your wishes.