Why no Dismissal?

People charged with domestic violence related crimes often don’t understand why their case is not NCF’d (no complaint filed) or summarily dismissed if the alleged victim is not ‘on board’ with prosecution. In other words, if the alleged victim does not want the case to move forward, and has expressly told the prosecution the same, why do prosecutors insist on moving forward?

Perhaps one explanation is that the prosecution is often more concerned about their own proverbial backside than that of the defendant’s.  A prime example of why a prosecutor may choose not to dismiss a case (or to file charges regardless of an alleged victim’s desires) is when a prosecutor does dismiss a case, or NCF’s a case, and a week or two later the same defendant and victim get into another tiff and one of the parties is significantly injured or killed. In such an incident the media would undoubtedly ‘call out’ the prosecutor for failing to ‘take action’ when he could have. In turn, the prosecutor may end up being suspended or worse, terminated from employment. Nary a prosecutor in this state (or any other state for that matter) who wants the prospect of being unemployed for such a decision, whether it was the right decision or not. This is perhaps one reason why our district and municipal courts are chalk full of cases that seem to some, ‘silly’ and ‘a waste of tax payer dollars,’; fear, and the unknown, can be a mighty powerful thing, unfortunately.

Often prosecutors would rather lose a case at trial or be forced on the day of trial to dismiss a case because of a missing witnesses than to NCF a case or dismiss it early on in the process. At least then, if the parties have another domestic ‘issue’, the prosecutor can displace blame and claim, ‘it is not my fault. I did all that I could … I didn’t have my witness … the jury found him not guilty’. As one can see, this method of ‘working a case’ perhaps is not the most ethically legitimate and best way to handle a domestic violence case, but it sure is much safer and less risky for a prosecutor; even prosecutors are not immune to a little c.y.a. (cover you’re a$#) once in a while.

It should go without saying, but if you or a loved has been arrested for a domestic violence related crime in Washington State immediately contact a Seattle domestic violence criminal defense attorney to protect your rights and interests. The Seattle domestic violence criminal defense attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle domestic violence criminal defense lawyers that are dedicated to providing top notch, aggressive representation for those arrested for crime all across Western Washington and the Greater Puget Sound region. The team creates success by working with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the criminal allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances of the given case. So, whether cited for domestic violence related malicious mischief, assault, property destruction or some other crime, protect yourself … call SQ Attorneys immediately.

Leave a reply


10.0Gregory Wayne Schwesinger
10.0Saad Qamer Qadri