If you are facing domestic violence charges in Maryland, you might wonder if your partner (the victim) can withdraw or drop the charges against you. The short answer is no. Once the state decides to press charges, it is no longer up to your partner to determine whether the case continues.
Domestic violence cases in Maryland involve serious concerns for public safety and are considered crimes against the state. Given the possibility that victims may be pressured or coerced into retracting their statements, the decision to pursue or drop the charges lies with the prosecutor.
As such, the prosecutor will consider the evidence and decide whether to continue with the case, regardless of whether the victim wishes to withdraw their complaint.
What if your partner refuses to testify in court?
Your partner may decide not to testify against you, and the prosecution usually cannot compel them. However, this will not automatically lead to a withdrawal of your charges. The prosecution can continue with the case if there’s sufficient evidence, such as photos, medical records, witness statements, video and police reports.
That being said, the case against you could be significantly weakened without the victim’s testimony, making it difficult to secure a conviction. As a result, the prosecution may decide to drop the charges or offer a plea deal.
Understand your legal options and defenses
A domestic violence conviction can be disastrous to your personal and professional life. Beyond the immediate legal penalties, it can lead to long-term consequences, such as having a criminal record or restrictions on firearm ownership.
While your partner cannot simply choose to withdraw the charges you face, you may still have other options to protect yourself. Reaching out for legal assistance can help you understand your rights and the viable defenses tailored to your circumstances.