Most domestic violence charges start with the same story . . .
You are in the process of separating from your ex, but you are still living together.
She’s filed for child support. She threatens to take your children away and to take every last dollar.
A heated . . She shoves you.
It didn’t hurt.
She reaches for your cell phone because now she is accusing you of cheating.
You push her hands away from you and you accidentally scratch her wrist.
Police arrive and arrest you!
We’ve heard this scenario hundreds of times.
This article explains the tips and tricks experienced by domestic violence attorneys use to get cases reduced or dismissed.
While no lawyer can guarantee a dismissal or a reduction of domestic violence charges, following these tips increase your chances of having your charges dropped or reduced.
Gather Evidence that Proves You Didn’t Commit Domestic Violence
In every criminal case, you have the following rights:
- The right to call witnesses to testify on your behalf.
- You have the right to present your own evidence of what happened
- Also, you have the right to cross-examine the Prosecutor’s witnesses
- Finally, you have the right to evaluate the State’s evidence.
The first step to get a domestic violence charge reduced or dismissed is to secure your own evidence. Basically, you need proof of what occurred between you and the domestic violence victim.
Many times the police reports rely on the victim’s statements and ignore the accused’s statements.
Be proactive. Make your own written record of what occurred as soon as you can after police are called. Your memory of the events will be clearer and this will preserve your recollection of events if your case needs to go to trial.
Identify your witnesses and have them write statements as well.
If you need to, get pictures or video from the night of the incident.
Save all of your text messages from the victim.
Finally, keep copies of all of the victim’s social media posts.
Hire A Domestic Violence Defense Lawyer
From our other articles, you can see that a charge of domestic violence carries serious consequences including jail time, significant fines, attendance at classes and could result in the loss of custody of your children, divorce, restraining orders, and the loss of your right to carry firearms.
Hiring a knowledgeable, experienced, aggressive, domestic violence defense lawyer is critical to having your domestic violence charges dropped or reduced.
An experienced domestic violence defense lawyer will protect your rights because your lawyer will know the judges handling domestic violence cases. This insider information will allow you to properly prepare for your judge’s preferences at trial and present the best possible case to have your charges dismissed or reduced.
In addition, a skilled domestic violence defense lawyer will know the prosecutors and help avoid unreasonable prosecuting attorneys and present the best case to have your charges dismissed or reduced.
As with many services in life, you get what you pay for. The name of the game is not finding the cheapest lawyer, but finding the one that will win.
If you can win this case, the preservation of your clean criminal record is invaluable, and worth the investment.
Get Released From Custody As Soon As Possible
It is critical that you are not sitting in jail while your domestic violence charges are hanging over your head.
If you are out of custody, assist your lawyer in your defense and get on to living your life as normal.
However, being released from jail on a bond means maintaining the conditions of your release.
- Show up to your court dates.
- Stay out of trouble.
- Keep in touch with your bondsmen and your lawyer.
Failing to meet the conditions of release will result in your bond being revoked and an arrest warrant being issued for you.
This is a bad look. It signals to the judge that you aren’t trustworthy.
They will see you as someone who can’t follow the rules and will make the chances of having your domestic violence charges reduced or dismissed slim.
Come To ALL Of Your Court Dates And Dress Appropriately
In our opinion, a defendant that shows to every Court date shows they care about their case.
Coming to Court will also help move your case along faster and will allow for your criminal defense attorneys to communicate early negotiations of your case.
By dressing appropriately for Court, it also shows the judge and the prosecutor you are taking the criminal charges seriously. This will help with negotiating your case.
When a prosecutor sees you at Court, professionally dressed, they know that it is more likely a judge or jury will perceive you more like an executive and less like a criminal.
This will give you the upper hand in negotiating your domestic violence case.
Have The Victim Sign An Affidavit of Non-Prosecution, If They Are Willing
We cant tell you the number of times a victim changes their mind about the facts that led to the domestic violence charges. Unfortunately, once the prosecutors decide to move forward it is out of the victim’s hands. Victims cant decide they don’t want to prosecute the case. Prosecutors are the only ones who can agree to dismiss your charges.
The alleged victim who wishes to have the charges dropped can help, by executing an affidavit of non-prosecution. This document will certify to the prosecutor that the victim does not want to move forward with the case. Having this kind of affidavit can result in having your domestic violence charges dismissed or reduced.
Victims who are willing to sign these affidavits should talk to their own attorney to ensure that the prosecutor will not pursue them for making false statements to the police, or for other charges associated with the alleged crime. In addition, defendants should not intimidate, coerce or otherwise pursue such an affidavit without talking to their domestic violence defense attorney first.
Why Call Us?
No attorney can ensure a dismissal or reduction of domestic violence charges.
However, our experienced domestic violence defense lawyers take all of the steps necessary to try to get your case dismissed or the charges reduced.
If the prosecutor still refuses to dismiss your domestic violence charges, we take cases to trial! And we win!
If you are facing domestic violence charges, call us at (702) 433-2889 or fill out our on-line form for more information.
A former prosecutor leads our team of domestic violence defense lawyers. We are familiar with the ins-and-outs of domestic violence law and we can help.