First of all, I want to start by saying that a dismissal of your Domestic Violence case is always our goal. 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. 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.
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. One easy and effective way to do this, is a tool called a Pre-Plea Investigative Report, which is commonly referred to as a PPIR. This approach has to be asked for by your attorney and you and your case must meet some minimal guidelines for this option to be appropriate. This report, once generated, may give the DA the details and findings they need to dismiss the domestic violence charge in this case.
Another way to get you domestic violence case dismissed is through a factual issue. Each time the DA charges a crime, they must be able to prove that the facts in your case fit that crime. Each crime has a number of elements that must be met for the crime to be proven. At Maher & Maher Law, we assess each of those elements to see if the facts of your case fit the crime. If they don’t, we will point out those issues to the DA and Judge and advocate for a dismissal of the charges.
Secondarily, we review whether there are any legal challenges to be made in your case. When we review the discovery (police reports, body worn camera, etc.) in your case, we are looking to see if there are any legal issues – things like a violation of your Miranda rights, an illegal search or seizure, or any other constitutionally protected rights. We go through the discovery in your case with a fine tooth comb to see if any of these legal issues are present. If there are, we will file legal, written motions on your behalf to the Judge and request the remedy of a dismissal of the case or a charge.
The last option for a dismissal is trial. Setting the case for trial can be an important step in getting your domestic violence case dismissed. Once the case is set for trial, it falls to the DA to produce all of the witnesses and evidence needed to prove the case against you. If for some reason they are unable to do that, the Judge may dismiss the case. Often times, we find once the case is set for trial, the DA takes a much closer look at the case and may re-evaluate whether the case should really go forward. If the DA does go forward with the trial, the attorneys at Maher & Maher Law will vigorously represent you in the trial before the jury. And if the jury finds the DA has not proven their case beyond a reasonable doubt, they could acquit you of the charges and effectively dismiss the case.
The attorneys at Maher & Maher Law know all of the routes to get a dismissal in your case. We will use all of the tools at our disposal to get the dismissal short of going to trial but if you decide trial is the best route, we will aggressively fight for you.