How To Get A Domestic Violence Case Dismissed

Y'all were both drinking.  Yous got into a heated argument, and she shoved yous.  It didn't hurt.  Y'all shoved her dorsum, and it didn't physically hurt her either, merely she yet called the police force considering she was drunk.  The police arrived, and took her report.  She exaggerated nigh the "shoving," and even lied.  The police ignored your side of the story and arrested you for Assault Family unit Violence.

I am a San Antonio Criminal Defense Lawyer, and I take heard this sequence of events from clients several times.  Provided herein is a guide for what to do if this happens to you.

Telephone call Assail Family Violence Lawyer, Justin D. Melt anytime at (210) 271-2800.

Pace ane–Preserve the evidence that proves you did non commit assault family violence

Provide your own Record – If the police ignored your side of the story and didn't write in their report what actually happened, be proactive and make a record of it yourself. Writing down what happened is useful for many reasons. Your memory will be more fresh closer to the incident than latter. A trial might not happen many months so this written tape will be helpful for your attorney in preparing your defense.

Witness Statements – This is obvious, become statements from people that witnessed what happen this tin be done in numerous ways such as an sound or video recording or even a sworn written statement.

Was the alleged victim drinking? – People who are intoxicated tend to be less apparent. Intoxication would be a sign to the jury that the victim was non telling the truth or was not thinking clearly when the police report was made. Photos and videos taken with a telephone, credit card receipts, surveillance videos, and cab fare are all useful in showing that the alleged victim was drinking on the night the alleged incident happened.

Pictures – Pictures that occurred before and after the declared can be extremely useful. These pictures tin show that an injury did non occur or even that the declared victim was the assailant an you lot were the one who was injured.

Text Messages – Text messages are 1 of the most useful pieces of evidence that I have seen equally a criminal defense attorney. Text letters provide a permanent record of a person's thoughts and feelings during a item time and thus are powerful prove to juries. Preserve all prove of text letters about the alleged incident and whatsoever future communication with declared victim. In fact I frequently suggest my clients that any communication that occurs with an alleged victim should be washed in a format that can be preserved such as a text message or electronic mail.

Social Media – Social media is another powerful piece of prove. Oft after an incident the alleged victim will brand posts on social media talking nearly the incident. I have had cases dismissed after I showed a prosecutor these posts.

Call Attack Family unit Violence Lawyer, Justin D. Cook someday at (210) 271-2800.

Pace 2–Hire a San Antonio Criminal Defense Lawyer

Y'all demand to spend the money, and hire a good lawyer.   Having a home based lawyer will help you in the following ways:

1. The lawyer will know the particular preferences of the Guess and how the Gauge runs jury trials and pretrials;
2. The lawyer will know the reputation of the prosecutors he is negotiating with and all exist able to avert unreasonable assistant Commune Attorneys;
3. The lawyer will exist closer to the courthouse and will not take to charge every bit much money for the instance, as travel time is reduced.

Past the fashion, Do Non go with an appointed lawyer, peculiarly if the case is a misdemeanor.  Misdemeanor lawyers are paid horribly low amounts of money in Bexar County ($140.00 for pleas and $500 for TRIALS).  The appointed lawyer only cannot beget to practise as skilful a job for you as would be necessary in the event of trial.   Until Bexar County fixes the fees they pay appointed lawyers, yous really need to hire someone.

As with many services in life, you become what you pay for.  The name of the game is not finding the cheapest lawyer, but finding the 1 that will win.  If y'all tin can win this instance, the preservation of your clean criminal record is invaluable, and worth the investment.

Questions about the costs listed here?  Call united states at (210) 271-2800 so that a lawyer may answer your questions.

Step 3–On Getting ABI Charge Dismissed: Pay to Bond Out, and Maintain All Weather condition of Your Bond

It is absolutely necessary that yous pay your bail and await your case settings exterior of the jail, then that y'all and your lawyer can take the proper time to prepare the instance.  When you bond out, you lot will have to maintain several conditions in gild to proceed your bond.  These will be indicated to you orally and often in writing.  Practice not fail to call your bondsmen or to pay your bond.    If your bondsmen revokes the bond, you lot volition have a warrant for your arrest. I take plant that once a client gets a warrant for his arrest during a pending instance, he is much less likely to become his case dismissed. The district chaser and the guess can encounter if yous have failed to maintain the conditions of your bond on your court file, and this negatively impacts your position in case negotiation.  This is because the client volition accept to pay for a second bond, bold the judge sets a bond at all, and will be rushed in handling the administrative side of getting out of jail.  In order to quickly get released from the jail, defendants, fifty-fifty those wrongfully accused, will accept convictions.  So again, stringently follow the conditions of your bond if your cease goal is to become your domestic violence charge dismissed.

Telephone call Chaser Justin D. Cook to help you with your attack family violence case today! (210) 271-2800.

Stride 4–Apparel in Business organization Formal Attire For All Court Settings

This may come as a surprising footstep in how to get your set on instance dropped; You need to dress in a suit, with a tie for every single court setting.  Ladies, you demand to dress in a bourgeois arrange as well.  Cover tattoos with clothing or tattoo embrace cream.  Remove facial piercings.  Dress like you are an executive every fourth dimension you show up to court.  You may have to appear for court 12 times earlier your instance is dismissed.  Every unmarried time, your appearance should be totally professional.  Many people may say that it merely matters how yous expect when you are at your jury trial.  I disagree.  I have gotten more dismissals for clients who dress well than for those who don't.  The prosecutors sometimes look directly at my clients, when I am negotiating the case during pretrial conferences.  The prosecutors are people.  They want to win their trials, just like defense attorneys do.  They know that defendants who apparel like executives are less likely to be perceived by a jury as criminals.

Dress in Business Formal (or at the very least, business casual) at All Court Settings

Step v–How to Get Assail Family Charge Dismissed Connected: Have a Long In Person Meeting With Your Lawyer

This may seem obvious, simply you need to sit down and extensively talk to your attorney nigh this instance.  This is the chat that needs to happen afterwards yous've hired your lawyer, and after you've gone to at least 1 court setting.  You must expect until this point, so that your lawyer can look at the law report and prove that is going to be presented against you if you bring the case to trial.  During this conversation, your lawyer will come up with the strategy that all-time suits your particular factual scenario.  Questions that should be considered during this meeting are:

• What motivations did the alleged victim accept for lying about the case (such as looming divorce);
• What are the favorable and unfavorable witnesses?  What things affect their credibility?
• What unexplored evidence is there to discuss?

Your lawyer will become through the actual event, where yous were accused of assail 2nd by 2d just as meticulously as a jury would.  This assessment is the meat and potatoes of your criminal defense force.  Your lawyer will apply these details to help you go the example dismissed.

Step 6–If the Alleged Victim is Willing to, Have Him/Her Sign an Affidavit of Non-Prosecution

Many defendants who lie to the police force, later experience remorse and wish that they could simply phone call the police force and have the charges dropped.  Unfortunately, once the report is made, at that place is no mode to stop the case from rolling through the Bexar Canton prosecutor'south system.  It is possible that the intake department will decide not to pursue the case, but that is left to the discretion of the Urban center, and is not in the easily of the reporting victim. This is the biggest misunderstanding I meet in assail family unit violence cases–that the victim tin go the instance dropped whenever she desires it to be. Recently, Justin Cook defended a human being on trial, for a felony assault family unit violence choking charge in the face of a victim who did not want the example pursued in the least.  The defendant had to be arrested in society to show upwards and testify.  So, fifty-fifty if the alleged victim to the assault wishes the example to be dropped, the defense attorney nonetheless has to get through many steps in order to take this happen, and sometimes a jury trial becomes necessary.

Our Affidavit of Non-Prosecution

The alleged victim who wishes to have the charges dropped can help, by executing an affirmation of non-prosecution.  The purpose of the document is to certify to the district attorney that there is no want on the part of the victim to pursue the instance.  Sometimes, depending on the prosecutor dealing and the other facts of the case, these affidavits do result in dismissals.

Very importantly, nosotros recently had a family unit violence jury trial, which we won by introducing an affidavit into evidence.  The affidavit in the case was far more specific than this one, nevertheless.  Information technology listed the mode in which the events really occurred, and stated that no set on took place.  That said, the diction of these affidavits can exist very specific, or tin be quite broad like the one shown above.

Step seven–Accept Your Lawyer Request a Dismissal on the Set on Charge, (Lawyer Should Not Give Away Your Unabridged Example Defense force)

You will accept a court setting about every xxx days in Bexar Canton when you are facing an assault family violence accuse.  Once the above half-dozen steps accept taken place, your lawyer is ready to make his/her request for the prosecutor to dismiss the charge.  The lawyer with accept all of the helpful testify yous have provided, and a vast amount of knowledge on the case itself including important weaknesses and strengths.  The lawyer should arroyo the prosecutor and tell the prosecutor a good reason why the case should exist dismissed. It is of import that the lawyer is very polite to the prosecutor, and has some form of documentation to support the reason why the State should driblet the accuse.  However, the lawyer should refrain from presenting the strongest testify y'all have in your favor, and should refrain from giving important defense force details to the prosecution.  Why non give the prosecution the best defense y'all have to your case?  Once yous've played all of your cards, information technology is possible that the Land will be convinced that it should drop the instance.  However, it is terribly likely that the prosecutor will use this information as a way to prepare a better case confronting you lot instead.  Because the prosecutor is non obligated to negotiate with your lawyer during pretrial, or ever, the lawyer often should keep some show preserved for presentation merely at trial. This is just a strategy of mine that has worked for clients, though some attorneys may strongly disagree with this arroyo.

Step 8–Take Your Lawyer File Relevant Motions & Subpoenas On Your Behalf

It is important for your lawyer to timely file motions and subpoenas.  These documents will aid your lawyer in preserving your rights in multiple ways.  For instance, the lawyer tin can make a Motion for Discovery of Exculpatory Testify, which would require the prosecutor to plow over and favorable bear witness information technology has for you on your case.  The lawyer should also file subpoenas so that all of the witnesses that are necessary volition be timely notified of the trial setting.  When prosecutors run across that subpoenas and motions are filed, they likewise see that y'all are (at to the lowest degree somewhat) prepared for trial.

Step 9–Ready the Case For Trial and Prepare for Trial

If the higher up eight steps have non worked to become a dismissal, your lawyer must gear up a jury trial.  The training for jury trial is an entire topic in its own right.  Your lawyer volition prepare yous for direct examination if you are going to evidence.  The all-time thing y'all can do to get your case dismissed at this point, is to heed your lawyers advice as well every bit possible. The lawyer volition do the residual of the work.

Step ten– Announced for the Offset Trial and Nowadays One Good (New) Reason Why the State Should Dismiss the Set on Accuse

Finally, you are at your trial setting.  Everyone is gear up to become to trial.  At this indicate, your defense attorney should politely remind the State of the reason it presented during pretrial for why the Land should dismiss the accuse.  The lawyer should consider presenting i boosted reason to State before the trial begins in the morning.  The reason for the timing is this;  The State is in the midst of deciding on which of 40-50 trial cases it desires to have a trial for that morning.  If the Land can tell that y'all are ready, and yous have presented two strong reasons to dismiss your case, the State may merely cull to dismiss the case.  You lot may have to announce ready for trial before the State will dismiss the accuse.

If the State still refuses to dismiss the set on family violence accuse, the case must be brought to trial, and leave the verdict in the hands of the jury. I correspond defendants who have been wrongfully charged with Assault Family Violence. To run into some of my results go hither. My Office number is (210) 271-2800.  Delight impress and send this guide to anyone who needs it.

Read About Some of Attorney, Justin Cook's Attack Family unit Violence Case Victories

And, here is a listing of  various other Case Dismissals  made past Cook & Cook.

Call Assail Family Violence Lawyer, Justin D. Cook anytime at (210) 271-2800.

email: lawyer@lawyerdefend.me

Source: https://lawyerdefend.me/get-domestic-violence-case-dismissed-san-antonio-texas/

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