It all depends on the circumstances and any aggravating circumstances. The police are looking for two things: A believable account of events leading up to the call for police by the alleged victim, and physical evidence of bodily injury on the victim. There are a few important things that you should know about Domestic Violence cases in Chicago. It is up to your defense attorney to prove that the report should not have been made in the first place.
How To Get A Court Case Dismissed
Domestic Violence Charge Dismissed With Prejudice. A recent national study revealed that Connecticut has the highest national "dual arrest" rate in the country, meaning that when Connecticut police respond to a 911 call for a domestic violence dispute, they arrest both parties more than any other state in the country. With enough inconsistencies and flaws in the evidence, the case against the accused begins to unravel and raises reasonable doubt. With am emphatic "NO. Not only are the attorneys at Kostopoulos Law well versed in handling criminal matters, but also in defending your reputation in the court of public opinion.
Domestic Violence Charges Dismissed
Pointing out ways that the story changes can help bring the charges against you into question. If you can win this case, the preservation of your clean criminal record is invaluable, and worth the investment. According to the National Coalition for Domestic Violence, approximately 20 individuals are abused by a domestic partner every minute in the United States. Be wary of an attorney that tells you they can handle your Domestic Violence case fast…that usually translates to a worse deal for you. The process following a domestic violence situation can be confusing and emotionally challenging. Instead, my client was forced to go back and forth to court over the course of several months, and have me prepare for trial. The state may rethink the charges if you can point out how the evidence is inconsistent with the charges, how the victim may not be credible, or that you acted in self-defense. In New York, domestic violence is considered a serious crime, so much so that police are now required to make a mandatory arrest for any domestic violence call if they have probable cause to believe that violence has taken place. In some cases, the accuser stops cooperating with the prosecutor. This will help with negotiating your case. Once someone is arrested and faces domestic violence charges, the process moves along rather quickly. While it is possible that charges can be reduced or dismissed, securing a dismissal or the reduction of domestic violence charges is a formidable legal challenge. If you are facing domestic violence charges, call us at (702) 433-2889 or fill out our on-line form for more information.
How To Get A Domestic Violence Case Dismissed
Aggravated Domestic Assault. A common misconception that people have is that the alleged victim can withdraw charges. New York State Considers Domestic Violence As An All-Encompassing Term To Classify A Criminal Act Against A Family Member Or Domestic Partner. The basic form of the crime is a Class A Misdemeanor, but various levels of felony charges apply to repeated offenses. Without victim testimony, it will often be impossible for the State to proceed to a conviction. Call us today at (203) 276-9443 for a consultation. Protect your future by hiring the best lawyer you can find – your future life depends upon it. The maximum penalty for making a false allegation is 7 years imprisonment. Plausibility of the statement from the defendant at the scene of the incident. Finally, on the morning of our scheduled trial date, the judge dismissed the case when it was clear that the prosecutor's case was nonexistent. While anything can be said in a report, such claims need to be supported with witness statements, photographs, audio/video recordings, text messages, social media posts, etc. I've handled numerous domestic violence cases from the most minor up to murder cases involving domestic violence. The name of the game is not finding the cheapest lawyer, but finding the one that will win.
Can A Domestic Violence Case Be Dismissed
The good news is that after the 13-month time period, the case is automatically dismissed by operation of law, at which point all arrest records and reports are destroyed, erased and expunged. It's not enough just to sit back and hope for the best. Our client's girlfriend accused him of grabbing her, pushing her to the ground, and choking her. Call For Your Free Consultation. The number of domestic violence cases increases each year in the U. S., and we especially saw a rapid 8. With the help of a criminal defense attorney, you can put together a strategy to weaken the case against you or prove your innocence. In order for the DA to dismiss a case where domestic violence has been charged, the DA must make certain, specific representations to the Judge that the domestic violence tag does not apply. Over 250 Clients Have Been Referred To Us By Other Lawyers, in the last 5 years. It is important to note that it does not matter if the alleged victim wants to have domestic violence charges dropped. The seriousness of the injuries, the Defendant's background, and whether there is a history of abuse. During the criminal process, the prosecution will likely advise the accuser to avoid any contact with the accused and appear for trial to provide testimony.
Do you think that when someone is arrested on this type of charge, many people start finding out automatically? If no videos and medical documents substantiating the victim's allegation, it may lead to a domestic battery win for the defense.
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