If you are facing charges of domestic violence then it is essential to work with an experienced domestic violence attorney in San Juan Capistrano CA. The best option is to find a way to get the charges dropped. There are four main ways we might succeed in convincing the prosecutor to drop the charges. Keep reading to learn what they are and then contact Simmons Wagner, LLP at (949) 439-5857 for a legal consultation.
Convince the prosecutor to drop the charges
Contrary to common opinion, it is the prosecution, not the victim, who decides whether a California domestic violence allegation should be dismissed. This indicates that it is in a defendant’s best interests to persuade the prosecutor that dropping the case would be beneficial to all parties involved, including the State.
Make a written request for a copy of the police report
In a domestic violence case, the police report will offer most of the evidence that will be used to support the accusation. An accused’s defense will be aided by having access to this material. A solid defense might result in a charge being dismissed.
Make a detailed description of everything that happened
It may appear that a domestic violence accusation is based on false charges after reviewing the police report. If this is the case, the defendant should compile an accurate narrative of events and facts and submit it to the prosecutor via their domestic violence attorney in San Juan Capistrano CA.
Work with a skilled domestic violence attorney in San Juan Capistrano CA
This final piece of advise is frequently the most useful. A skilled DV lawyer can help you get a case dismissed because he or she can attempt to urge a prosecutor to dismiss a case, cast doubt on an accuser, emphasize contradicting evidence, and give a reality check on the likelihood of a charge being successful.
How difficult is it to get a domestic violence case dismissed?
In California, it can be difficult to get a domestic violence case dismissed. This is because prosecutors are the ones who determine whether or not to pursue a charge. When it comes to domestic violence charges, several prosecuting agencies have adopted a “no drop” stance.
The policy is in place for two reasons. The first is that it sends a strong message that domestic violence allegations are serious and should be dealt with swiftly and decisively.
The second reason is that it is commonly assumed that domestic violence victims would subsequently modify their account about what happened because they are afraid of the abuser. This indicates that a prosecutor may look down on a case being withdrawn, even if the accuser subsequently changes her narrative, because the shift is more likely due to fear than the truth of what happened.
If you have been accused of or charged with domestic violence, contact a domestic violence attorney in San Juan Capistrano CA by calling Simmons Wagner, LLP at (949) 439-5857.