why would a prosecutor change to defense lawyer for domestic violence

What is a prosecutor doing in a domestic violence case?

May 25, 2020 · May 25, 2020. Ronald Hedding. Many people believe that if their significant other drops domestic charges against them, the case will disappear and they will not need an attorney. In reality, it is not the person who pressed domestic violence charges that decides whether or not the domestic violence case proceeds; it is the prosecutors who decide this.

Why would a prosecutor drop a case?

If a prosecutor does not believe that they have a sufficient amount of evidence to prove their case, then they might dismiss it. For example, if the complaining witness in a domestic violence case is unwilling to testify or is otherwise uncooperative, then the prosecutor would have to decide whether or not they think they can prove the case without that witness.

Are police biased against the accused in domestic violence cases?

To date, studies of the prosecution of domestic violence cases are limited to charging decisions.' No study has examined prosecution or defense strategies in domestic violence cases. This study entailed an in-depth, qualitative analysis of the trial strategies used by the prosecution and defense in domestic violence-related felony cases.

Why would a domestic violence case be dropped?

Oct 05, 2018 · One of the tactics prosecutors use in these situations is to say the changed statements or testimony is either because of fear of the abuser or the drastic consequences of a conviction. Your attorney is responsible for finding reasons the original statements are not credible or corroborated by the facts.

Which defense is frequently used in domestic violence cases?

Self-defenseSelf-defense is one of the most common defenses to domestic violence charges. If you claim that you were acting to defend yourself or your children, you could have your charges dropped.May 1, 2020

At what point are prosecutors most likely to file charges?

(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.

What happens if a victim changes their story?

What Does "Recanting" Mean? A victim's statements to the police about domestic violence will be used both to charge the attacker with crimes and as evidence for the prosecution. If the victim later changes his or her story or takes back the statement altogether, it's known as recanting.Oct 15, 2018

What factors do prosecutors consider in making a charging decision?

The decision to prosecute is based on the following factors:The sufficiency of the evidence linking the suspect to the offense.The seriousness of the offense.The size of the court's caseload.The need to conserve prosecutorial resources for more serious cases.The availability of alternatives to formal prosecution.More items...

What facts may the prosecutor consider when deciding what charges to file?

How Los Angeles Prosecutors Decide to File Charges in a Criminal...The Evidence. ... The Credibility of Witnesses and Victims. ... The Circumstances Surrounding the Accusations or Arrest. ... The Possibility of a Plea Bargain. ... Current Political Pressures.Oct 10, 2018

What happens if a victim retract their statement?

If you withdraw your statement, the case might still go to court if the police think they have enough evidence to prosecute the suspect. If you want to withdraw your statement because you're worried about giving evidence, you should tell the police how you feel.

What does it mean to recant a statement?

to renounce or withdraw: to renounce or withdraw (prior statements or testimony) surprised the prosecution by recanting statements made earlier to the police. intransitive verb. : to renounce or withdraw prior statements or testimony. Other Words from recant.Mar 13, 2022

What is a recanting witness?

A recant is simply taking back as untrue part or all of some facts that you have told to police. Because of the unique nature of domestic relationships recants tend to be very common. In domestic violence cases, victims and witnesses often recant for many reasons.Sep 9, 2021

How do prosecutor work?

Prosecutors will work to make it seem as if anything a victim says confirms his or her status as a victim, painting you as the perpetrator and the aggressor. This can be countered. The key is to analyze your case with a fine tooth comb. We work on pointing out each and every inconsistency, or outright lie.

What happens if you are convicted of a felony?

If you have been convicted of a felony in the past, the prosecution team will attempt to inform the jury of your past wrongdoing, to convince them of your current culpability. The prosecutor is typically not allowed to argue that your past conviction also makes it more likely that you are guilty in this case.

Is self defense a defense to domestic violence?

Self-defense is one of the primary affirmative defenses to domestic violence charges; thus, it is crucial for the defense attorney to aggressively advocate for you and assert your self-defense argument to the jury, not to mention the court as well - at all stages of a case. Your criminal record must mean you're also guilty in this case.

What is willfulness in law?

What Is Willfulness? Willfulness is “…simply a purpose or willingness to commit the act… there is a defense for persons who commit the act through misfortune or by accident when it appears there was no evil design, intention or culpable negligence.”. 2.

What happens if a victim has a red mark on her cheek?

If the victim claims the defendant severely beat him or her just minutes before police arrived but he/she only has a small red mark on his/her cheek and no swelling or bruising or other apparent injuries, a defense attorney could argue that the victim was likely not telling the truth about the event.

What is traumatic condition?

The traumatic condition was the natural and probable consequence of the injury. The injury was a direct and substantial factor in causing the condition. For an aggravated domestic violence charge, the intimate partner must have suffered a serious bodily injury. No Willfulness. A prosecutor might feel that the element of “willfulness” is missing.

What is mental illness?

Mental illness. Making false accusations in the past, or. having a motive to fabricate the incident because the parties are embroiled in contentious custody or property distribution battle. This might convince a prosecutor that there is insufficient evidence to convict the defendant and to decline to file the charges.

What is a serious bodily injury?

A serious bodily injury usually means that the victim suffered an injury necessitating medical treatment or serious impairment of a physical condition. It is also protracted loss or impairment of any function of a bodily member or organ. Examples Include: Broken limb.

Does lack of visible injuries mean domestic battery?

The lack of visible injuries does not necessarily mean that a domestic battery did not occur and is not required in order for a defendant to be charged with domestic battery. All the prosecutor needs in order to charge you is evidence of a harmful or offensive touching.

Why do prosecutors give up on domestic violence cases?

By far the most common reason prosecutors give up on domestic violence cases is that there is simply not enough evidence to prove all necessary criminal elements beyond a reasonable doubt. In many of these cases, prosecutors face a “he said, she said” scenario in which there is little — if any — physical evidence.

What happens if you get a domestic violence conviction?

The consequences of having a domestic violence conviction on your record are enormous; yet, people in intimate relationships sometimes claim domestic violence to get back at their ex-partner or spouse. Ultimately, once police get involved in a domestic case, the decision to pursue a conviction rests in the prosecutor’s hands.

How to prove domestic violence?

Domestic violence battery is a specific crime involving the unlawful touching of a family or household member. The elements prosecutors must prove to show a domestic battery took place include: 1 The defendant willfully touched another person 2 The touching was offensive or harmful 3 The person the defendant touched is legally considered a household member or a current or former intimate partner

What is willfulness in domestic violence?

Willfulness refers to the defendant’s purpose in committing the act. A defendant who commits violence without the intent to do so is less culpable, and therefore, ...

What happens when a witness changes his or her story?

At other times, a victim who changes his or her story becomes unreliable. If a victim’s testimony differs at the preliminary hearing from his or her written statement or what a police officer testified to, a defense attorney for the other team can latch onto this to show the weakness in the prosecutor’s case, which can lead the jury to conclude there is reasonable doubt and fail to convict.

What can a defense attorney write to a prosecutor?

In many cases of domestic violence, the defense attorney can write a letter to the prosecutor laying out compelling reasons for dropping charges against their client. The defense attorney may bring up some of the same reasons a prosecutor might drop charges on his or her own, including that:

What are the charges for domestic violence in Florida?

Florida police officers aggressively pursue charges against alleged domestic abusers. Thus, any crimes that fall under the umbrella of domestic violence can lead to life-altering penalties upon a conviction.

Can you say anything while in custody?

While you are in custody, anything you say is recorded. Unfortunately, this means that if you talk to a friend or family member and talk to them about your case, the prosecutor could use anything you say against you or turn around and accuse you of trying to dissuade a witness. It is highly advisable to avoid saying anything about the case over the phone while you are in custody, no matter how tempting it may be to vent about the situation.

Does a prosecutor have to investigate a victim's criminal history?

However, they have no obligation to independently investigate the character and credibility of the victim. Your lawyer must dig beyond the criminal history to see if the victim has a history of false accusations or violence which didn’t result in arrests. This will show the prosecutor and, if necessary, a jury that the victim isn’t as innocent as he or she claims.

What does a domestic violence lawyer do?

The domestic violence attorney will also learn whether you have made any statements that could incriminate you or that are inconsistent with your defense. When your lawyer determines that the police report is consistent with your defense, she will gather evidence to reinforce it.

Do police report domestic violence?

In most cases of domestic violence, police operate with a bias against the accused, which constitutes an injustice. There was physical evidence but police did not collect it. Police did not question eyewitnesses present at the scene. The police report does not sufficiently describe the incident or offer any observations.

Prior Criminal Record of Domestic Violence

Another big factors that they look for is whether or not the person has any prior criminal record. In other words, have they ever had a domestic violence case before or is this their first offense?

Real Domestic Violence Case Example

I had a case recently where my client got into an argument with his significant other and he said, you know what, I’m leaving. I’m not going to get involved in this.

Reviewing Best Defense Strategy

So really, when you start to talk about what is the judge and prosecutor going to be considering in a domestic violence case, it’s something you need to discuss with your defense attorney, and it’s something that is going to spin on the particular facts of your case.

Retain an Experienced Domestic Violence Attorney

So, if I can counter those facts and a lot of times I can dispel them and show that they’re really not that important I the big scheme of things.

The case that changed everything

Like many victims I met, Marina suffered gruesome violence at the hands of her boyfriend. Marina testified at trial that her boyfriend tried to rip out her tongue and that she believed his threats to kill her and her 10-year-old daughter. The jury agreed and convicted him.

Dumped by the system

Talking to Marina led me to contact a handful of other victims, and several themes emerged from those conversations.

Another way

Another victim I interviewed, someone I’ll call Steve to protect his identity, showed me how things might change.

Insufficient Evidence

What Is Willfulness?

Inconsistent Statements

Lack of Visible Injuries

Does This Rule Out Prosecution?

Compelling Reject Request Letter Written by Attorney

• Anytime after the defendant has been arrested or has been charged with domestic battery, the defense attorney can submit a letter to the prosecutor. The letter can outline the reasons why the evidence is insufficient to prosecute the defendant or that there is considerable reasonable doubt that either a battery occurred or that the defendant commit...

See more on aizmanlaw.com