Assault Family Violence Case Dismissed

While I'm in the groove, I might as well share my latest dismissal with you.   I don't want to get into the details, but the allegations are that it starts with your typical booze-filled evening and ends with a few hits to the face of the driver.  While the car was moving.

The complainant, which is the legally accurate term for a "victim,"  pulls off the highways.  Client allegedly take the car keys and chunks them over a fence.  Complainant flags down officers who slap cuffs on my client and throw her in the slammer, and leave her there for WAY TOO LONG.

So, this is your typical misdemeanor assault case.  There are some relatively bad allegations, o independent witnesses, no eye witnesses, and bad presumptively bad police work.  

What does a criminal defense lawyer do in this scenario.  First, I have a thorough interview with my client at my office, which sometimes includes a scene reenactment so I can see first hand, as good as possible, what went down.   Next, I get and review the offense report.  I don't just skim it an make a recommendation like many lawyers.  I go through with a fine tomb comb.  No mistake, error, or misstatement is to small to matter, at least not as a starting point.  Next, I reach out to the complainant and attempt to speak to him or her.  

If possible, I will get a sworn affidavit recounting the events. Why go through the trouble of getting a sworn affidavit?  Well, the rules of evidence determine how a case can be tried.  A sworn affidavit is made under oath and threat of perjury.  That means that if the person lies under oath when giving the affidavit, that person may be subject to criminal charges for perjury.  The promise to tell the truth and threat of criminal charges makes the document more credible.  Finally, if the witness gets on the stand and testifies differently, I am able to impeach the witness.  What does it mean to impeach a witness?  Impeaching a witness is attacking the credibility of a witness.  Being able to properly impeach a witness is a very important skill that most lawyers do not actually know how to do. Properly.   I do plenty more than this when preparing for a case, but I will leave it here for now.

The good news is that my client's case was dismissed, and she can move on with her life, which includes getting an expunction and clearing her record.