How Is The Decision to Prosecute Made and What Happens After the Arrest?
In recent years the emphasis by the prosecution and by law enforcement on domestic violence accusations has increased. Police will often make an arrest even in disputed cases, and the state attorney often finds it necessary to file a charge based solely upon the statement of the alleged victim. Florida has a zero tolerance policy regarding domestic violence.
From a defense standpoint, many legal and constitutional issues are involved in domestic battery or domestic violence cases. Quite often alleged victims may change their version of what happened or may request not prosecute. The state attorney’s office is not required to honor their request not prosecute and often will proceed with a case where the alleged victim does not want to prosecute. They may be permitted to go forward with the case and present it to a judge or jury.
As a form prosecutor Larry Sandefer was involved in the decision-making processes involving domestic battery arrests, from that of a front-line prosecutor, to a Lead Trial Attorney, and ultimately holding the position of one of only three Division Directors, who were charged with making the filing decisions and approval of dispositions. He understands how these decisions to file a charge, to modify a charge, or drop the case are made and what considerations go into these decisions.
