A: Many people incorrectly believe that a victim has the power to “press charges” against the abuser, or to later “drop the charges.” All crimes are offenses against the community, not just the individual victim. All criminal complaints are prosecuted on behalf of the citizens of the county where the crime occurred and the State of Georgia and not the individual who called the police or the person who may have been personally harmed by the defendant’s conduct. Only the prosecutor can file or dismiss charges. This is important because it takes the responsibility for prosecuting the abuser away from the victim and puts it on the prosecutor – where it legally belongs. It also means that the defendant cannot pressure the victim into dropping the charges.

Yes. Under the Victims’ Bill of Rights found in O.C.G.A. §27-17-1, you have the right to be heard at any hearing involving the plea and sentencing of the defendant. We will help you tell the court your wishes or one of our prosecutors or victim advocates will speak for you. Whether we agree with your recommendation will depend on many factors including the severity of the conduct and past criminal record of the accused. We might not agree with your wishes but we will make sure that your voice is heard.

With the consent of the victim and in certain cases where the conduct is not too severe and the defendant does not have a past record, the accused may qualify for the District Attorney’s Domestic Violence Diversion Program. Provided the victim is in agreement, the case will be placed on hold for 6 months to a year. During this time the offender must undergo counseling at the defendant’s expense, not harass the victim, commit no new offenses and pay an administrative fee. If all of these terms are complied with then case will be dismissed. If any of the terms are violated then the case will be prosecuted in court.