The officer also noticed broken glass and various items thrown about in the residence. If this is the first time you are facing accusations of domestic violence, it is unlikely for you to be tried. Do Not Discuss Your Pending Case On Social Media. Even if the victim recants their statement, it still will not guarantee that the State drops the case. Stay out of trouble. People who were at odds at the time of the disturbance call can come together to work toward a favorable outcome. Domestic Violence Law Practice.
Even if a complainant does not want criminal charges laid, police can still charge a person and apply for an AVO. In such cases of aggravated assault, getting domestic violence charges dropped is far more complicated and requires a well planned and coordinated defense. There are always things that you can do to show your client in the best light and get him in the very best disposition that's possible. Contact us today to schedule a free case review: (719) 447-1923. It is important to note that it does not matter if the alleged victim wants to have domestic violence charges dropped. As a side note, I don't want to downplay the horrendous and far-reaching impacts of domestic violence. The police arrested our client for Felony Aggravated Domestic Battery, Felony Reckless Discharge of a Firearm, and misdemeanor Reckless Conduct. Indeed, police have a general policy not to withdraw domestic violence charges or an AVO application unless there are good reasons. With the help of a criminal defense attorney, you can put together a strategy to weaken the case against you or prove your innocence. The process following a domestic violence situation can be confusing and emotionally challenging.
It is important to remember that domestic violence cases in Florida are in fact public record and can be viewed by anyone, even an employer. Prosecutors are the only ones who can agree to dismiss your charges. Can I Get a Domestic Violence Charge Dropped? Do you think that when someone is arrested on this type of charge, many people start finding out automatically? For most domestic violence charges in Michigan, the following occurs which results in criminal charges: - The police are called or notified by the alleged victim, neighborhood witnesses, a bystander, or another party about the possibility of domestic violence or some type of domestic battery (see: what is sexual battery? The punishment for a conviction will depend upon the facts, but the charges may include: Domestic Assault. According to the National Coalition for Domestic Violence, approximately 20 individuals are abused by a domestic partner every minute in the United States. Contact us or call us at (561) 671-5995 so we can review your case immediately. Claims need to be supported with evidence such as photos, medical records, a 911 call, witness accounts, etc.
Anytime a high-profile domestic case arises [like Jared Remy], defendants' rights seem to erode. The district attorneys have gone so far to try to protect victims and punish actual accusers that their policies have become unfairly harsh to innocent defendants. We use the same techniques to defend felony Aggravated Domestic Battery cases as we do for misdemeanors. Community supervision, which you may know as probation, may be an option in certain cases and such would allow you to avoid serving jail time for the crime. He has earned a reputation as a tough and aggressive attorney who achieves outstanding results for his clients. Can the Victim of a Domestic Violence Case Drop Assault Charges? Our law firm was able to get the charges against both the man and the woman COMPLETELY DISMISSED. My name is Gus Kostopoulos. Other firms may tell you that but will not be able back it up because they are more concerned with getting your case closed quickly than they are with getting the best outcome. A good domestic violence lawyer will investigate whether the accuser has a history of false allegations and bring that to the prosecution's attention. We've had many cases where the case winds up in the press.
The Defendant will not go to jail and will not have a mandatory criminal conviction on his or her record. Once your Connecticut criminal arrest is dismissed, Connecticut's Erasure Statute—C. While crafting the best defense is of the utmost importance in these situations, it's also important to understand why domestic violence cases may be dismissed, sparing you from the stress of a trial in the first place. Police Press Charges, Not the Complainant. Save all of your text messages from the victim. This is often true in cases where the defense asserts self defense. The Accuser Has a History of False Accusations. Creating this will help improve the chances of having the charges cropped. In many cases, the Defendant can file to expunge this arrest. If your case is not dismissed, you will have to craft a good defense with your attorney. The manpower and resources available to prosecutors dictate they pursue cases that are likely to produce convictions. Your factual account of the altercation will not be considered until after you are arrested and charged.
Sometimes it is the so-called victim who posts threats and diatribes against the defendant. Keep in touch with your bondsmen and your lawyer. Our firm won the trial, and our client was found not guilty. If you're facing domestic violence charges, there are things that you can do to have the charges dropped. While a New York criminal defense lawyer will always focus on the best defense strategy possible for their client, getting the case dismissed will spare the accused from having to go to trial at all.