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How long does it take before a domestic violence warrant to become active if no arrest was made at the scene?
Anonymous4 views3 answers
And how would i go by getting the charges dropped before any arrest is made because it was an out of control argument and i didn't know he could be arrested?
If the police decide to file charges directly, the warrant can become active within a few hours. If the police send the charges to the State Attorney's Office rather than file charges themselves, it could take days or weeks. You can speak to the police about dropping the charges, but if they've sent the file to the State Attorney's Office, you must speak to the prosecutor. The decision to drop charges ultimately lies with the prosecutor.
David Bradley DohnerCriminal Defense AttorneyHallandale Beach, FL ·
I have some very disappointing news for you in this regard and it may be a bit difficult to understand. Most counties in this state, if not all (actually, I do not think that there is any chance that all follow this practice, given the various statutes governing these scenarios), and most states in the nation, for that matter, have what is called a "NO-DROP" POLICY, which is an insulting way of telling an individual that they can not make a decision on their own regarding his or her own relationships. This means that, ironically, the alleged victim will probably have to retain counsel of his her own choosing in order to avoid potential charges, although this would be unlikely, but also to effectuate certain goals...I NEED TO JOIN A CONFERENCE CALL FROM OVERSEAS FOR A MOMENT AND THEN I WILL ATTEMPT TO EXPLAIN THIS ANTIQUATED SYSTEM TO YOU.
William David UmanskyCriminal Defense AttorneyOrlando, FL ·
Unfortunately if the police file charges directly, then it can be less than a few hours before a warrant goes active. If the police file charges with the Prosecutor, it can take a few days or even a few months. If your husband or significant other hires a lawyer, that lawyer may be able to get a drop charge affidavit from you and submit it to the Prosecutor before they file charges and may in some cases, result in an arrest warrant never being issued. However if the Police filed directly, then it will be too late to prevent him from being arrested and he will need a lawyer to represent him and try to convince the prosecutor to drop charges AFTER he was arrested.
