While lawyers and judges are the ultimate legal experts, of course, I believe that every citizen should take the time to learn a little about law for several reasons. First, it is important to know your rights, and knowing them can come in handy if anyone ever accuses you of a crime you didn't commit or threatens you legally in another other way. Second, learning about your local, state, and federal laws can help you act as a better citizen. When election time comes around, you can then truly understand ever change in law being proposed by a candidate and whether it benefits society or not. I plan to share posts about law topics explained in plain English on my new blog, so you can come back often to sharpen your legal knowledge!
Domestic violence charges can cause you to face serious consequences if convicted. For this reason, you may want to take every legal measure to avoid getting a harsh judgment in court. Your first option might be to request the victim to drop the charges against you. However, this may only be possible if the police have not started a criminal investigation against you. You need to contact a criminal defense lawyer as soon as possible. The legal practitioner will start investigating your case immediately and prepare to refute the accusations the victim may have leveled against you. Your attorney will also take the following measures to convince the judge to drop your charges:
They Will Request the Judge to Throw Out Your Case
The prosecuting attorney must have sufficient evidence to bring your case to court. If this is not the case, your lawyer may request the judge to drop your charges for lack of evidence. The prosecutor may have prepared a weak case with gaps and discrepancies, or the victim may no longer be willing to testify in court. In such cases, the judge may not have sufficient information to determine what transpired, and they may therefore be unable to make a judgment. Because of this, they might dismiss your case.
They Will Refute the Evidence Presented in Court
Your legal advisor can also refute the evidence the prosecution presents in court. For instance, they might claim that the victim never reported that you abused them physically. They may use the police report to prove that the complaint only reported that you argued. Your lawyer will also question the absence of medical records showing that the defendant sought medical care after the alleged abuse. They will assert that the lack of medical documentation indicates that you did not hurt the complainant.
If your lawyer convinces the judge that the evidence presented by the prosecution is insufficient, the case may not continue. The court may also dismiss your case if your attorney proves that the prosecution witnesses provided false information. Some of them may be neighbors who don't have a true knowledge of what transpired. As such, your lawyer will likely ask the judge not to consider their statements as evidence in your case.
A judge can drop your domestic violence charges if you convince them you did not commit the alleged crime. This is why you need to consider hiring a criminal defense attorney to defend you. They will use the above strategies and any others that will help convince the judge to drop your charges.
For more information, contact a local criminal defense attorney.