Domestic Violence Attorney, Kevin Bennett, explains the role that an Affidavit of Non-Prosecution plays in Domestic Violence cases and how he creates a unique defense to make sure his clients have the best possible outcome.
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“When I meet with people in my office that have been charged with a crime of domestic violence, one of the first questions that they will ask me is, ‘Well, what about this Affidavit? What about this Non-Prosecution thing?’ What we call that is an Affidavit of Non-Prosecution. And what that is, is a legal document that an alleged victim signs in front of a notary stating, in most cases, ‘I don’t want the case prosecuted, I don’t want to be a witness in the case, and I will not disparage the prosecutor’s office if they dismiss this case.’ People need to understand that an Affidavit of Non-Prosecution is just one small piece of the overall case. It’s just one small part that a prosecutor will look at. What I do is I will always review the facts of each individual case and we will make sure that the prosecution gets that. And that the prosecution understands that the alleged victim in this case does not want the case prosecuted. Does that mean that the charges get dropped? Not necessarily. But it is a step, and something we can do to help us get a little bit closer.”