When the Victim Wants the Case Dismissed
It is common in domestic assault cases that after a person is arrested and charged, the alleged victim wants the case dismissed or does not want to testify. Many people believe that if the alleged victim feels this way, they can simply drop the charges. But while alleged victims can give their input to the prosecutor, they do not have the power to dismiss charges. The charges can only be dismissed by the prosecutor or the court. Attorney Alex Hertogs recently had charges dismissed for two separate clients in cases where the alleged victim asked for dismissal.
The Recanting Witness
Alleged victims of domestic assault often change their story after their loved one is arrested and charged. This is an excellent opportunity for a defense attorney to obtain a statement from the alleged victim that they can use at trial to exonerate their client.
In one recent case, Alex Hertogs’ client was charged with domestic assault after their significant other claimed they had assaulted them, causing significant injuries. The alleged victim then changed their story. Alex Hertogs had his investigator take a statement from the alleged victim which showed that the alleged victim had lied to the police. The police had also failed to properly investigate the case. But the main driver of dismissal was that the alleged victim was adamant that they wanted the case dismissed. After a lot of back and forth, the prosecutor finally agreed to dismiss the case just before trial.
The Nervous Witness
Another problem that prosecutors encounter is that witnesses often do not want to come to court to testify in front of a jury. If alleged victims do not show up to testify, it may be impossible for the prosecutor to prove their case. Thus, the defense attorney can use this information to force the prosecutor to go to trial, and hope that the prosecutor will have to dismiss. It is a risky tactic, but sometimes it is the only one available to the defense attorney.
Alex Hertogs’ client was facing mandatory jail time if convicted of a serious domestic abuse offense. The prosecutor was not willing to give the client a deal that was appropriate and the alleged victim was adamant about seeing the client convicted of the offense. Alex Hertogs prepared for trial thoroughly and showed up to the courthouse with his client. Right before they were about to begin, the prosecutor said that they would be dismissing the case. Once the alleged victim learned that they would have to show up and testify, the alleged victim insisted that the case be dismissed.
Legal Strategy for Case Dismissal
An experienced criminal defense attorney can help you strategize your case when it involves one of these two types of witnesses and can properly prepare your case for trial. The Attorneys at Sieben & Cotter have obtained numerous dismissals in domestic abuse cases.