It is a scenario we see almost every week at our office in downtown St. Petersburg.
A couple has a heated argument that gets out of hand, the police are called, and an arrest is made. A few days later, cooler heads prevail.
The partner who called 911 calls us—or the State Attorney’s Office—and says, “I don’t want to press charges. It was a misunderstanding. Please just drop the case.”
They assume that once they make that call, the nightmare is over and the case will be dismissed.
Unfortunately, in Florida, it doesn’t work that way.
There is a major misconception that the victim of a crime is the one “pressing charges.” In reality, the victim is merely a witness.
The entity pressing charges is the State of Florida. And in Pinellas County, the State Attorney takes domestic violence cases very seriously—often pursuing them even if the victim wants them stopped.
If you or a loved one is hoping a simple phone call will make a domestic violence charge disappear, here is what you need to know about Florida’s laws and how to actually build a defense.
The “State vs. You”
When you look at the official court documents for a criminal case, it doesn’t say Jane Doe vs. John Smith. It says The State of Florida vs. John Smith.
Once the police make an arrest, the decision to file formal charges belongs solely to the prosecutor (the State Attorney). The victim effectively loses control of the process the moment the handcuffs go on.
The prosecutor’s job is to protect public safety, and they often assume that a victim asking to drop charges might be doing so out of fear, financial pressure, or emotional guilt—not because the crime didn’t happen.
Understanding Florida’s “No-Drop” Policies
Many State Attorney’s Offices in Florida, including the 6th Judicial Circuit (which covers St. Petersburg, Clearwater, and Pasco County), operate under what are commonly called “No-Drop” policies.
This doesn’t mean a case can’t be dropped; it means the prosecutor will not drop a case just because the victim asks them to.
They will review the evidence independently. If there are 911 recordings, bodycam footage, photos of injuries, or neighbor witness statements, the prosecutor may decide they have enough evidence to win a conviction without the victim’s cooperation.
What is a “Waiver of Prosecution”?
If the victim truly wants the case dismissed, they can’t just call the prosecutor. They generally need to file a formal legal document called a Waiver of Prosecution (sometimes called a Request Not to Prosecute or Affidavit of Non-Prosecution).
This is a sworn statement where the victim informs the State and the Court that:
1. They do not want the defendant prosecuted.
2. They do not fear the defendant.
3. They wish for the “No Contact” order to be lifted so the family can be reunited.
Does this guarantee dismissal? No.
However, it is a powerful piece of evidence. It signals to the prosecutor that their main witness may be uncooperative or hostile to their case, which makes securing a conviction much harder. A properly filed waiver is often the first step in negotiating a dismissal or a reduction of charges.
IMPORTANT: Do Not Contact the Victim
This is the most critical advice we can give you: If you are the defendant, do NOT ask the victim to sign a waiver.
Most domestic violence arrests come with a standard “No Contact” order.
If you text, call, or even send a message through a friend asking the victim to “help you out,” you can be arrested for two new crimes:
· Violation of Pretrial Release (which typically has zero bond).
· Witness Tampering (a serious felony).
If the victim wants to help, they must initiate contact with your defense attorney or the court—you cannot reach out to them.
Can the Victim Be Forced to Testify?
Yes. If the prosecutor is determined to proceed, they can issue a subpoena to the victim. A subpoena is a court order requiring a person to appear in court and testify. If the victim ignores a subpoena, they can technically be held in Contempt of Court, though prosecutors are often hesitant to arrest a domestic violence victim.
However, a skilled defense attorney knows how to handle these delicate situations. We know how to depose witnesses to find inconsistencies in the story, and we know how to challenge the State’s evidence if the victim recants their original statement.
Why You Still Need a Lawyer
Relying on the victim to “fix this” is a dangerous strategy. The State has experienced lawyers working to convict you; you need an experienced team working to protect you.
At Fletcher + Fletcher, we understand that families are complicated and that a bad night shouldn’t ruin your future. We can help legally file a Waiver of Prosecution, petition the court to modify the No Contact order so you can return home, and fight to get the charges dismissed based on the law, not just hope.
Don’t Navigate This Alone. If you have been arrested for domestic battery in St. Petersburg, Clearwater, or anywhere in Pinellas
