Why Would a Domestic Violence Case Be Dismissed in New York?

In New York, domestic violence is considered a serious crime, so much so that police are now required to make a mandatory arrest for any domestic violence call if they have probable cause to believe that violence has taken place. In these cases, an arrest will be made even if the accuser retracts their accusation. This is a good thing for vulnerable victims but it is unfortunate for someone who has been falsely accused.

Numerous studies now suggest that countless false domestic violence allegations are made each year. Unfortunately, many domestic violence accusations are made after an argument, with the accused standing to have their lives turned upside down. Still, the accused party must be arrested and go through the legal process. Consequently, New York domestic violence lawyers are always considering ways that the charges may be dismissed.

The Accuser Cannot Drop the Charges

Because it is a criminal offense, the state files domestic violence charges, and only the state can drop them. Although the accuser still plays a vital role in the case, he or she has no authority to get the charges dropped or dismissed once they have been filed.

In What Cases Can Domestic Violence Charges Be Dismissed?

While a New York criminal defense lawyer will always focus on the best defense strategy possible for their client, getting the case dismissed will spare the accused from having to go to trial at all. There are some common factors that raise doubts in an accusation that a domestic violence attorney looks at when considering whether a case may be dismissed.

The Accuser Has a History of False Accusations

While domestic violence is a criminal charge that should always be taken seriously, in some cases, an accuser has a history of making accusations in the heat of the moment that are proven to be false or that they later admit were false. A good domestic violence lawyer will investigate whether the accuser has a history of false allegations and bring that to the prosecution’s attention.

There is a Lack of Evidence

To prosecute a criminal domestic violence case, there is a high standard for proof. Evidence must be consistent with statements and witness statements must be consistent with each other. Claims need to be supported with evidence such as photos, medical records, a 911 call, witness accounts, etc.

If the accused reported an assault, the prosecution must have evidence to corroborate the accuser’s story. Sometimes, there is not enough evidence to prove the defendant’s guilt or the evidence does not confirm the accuser’s story. In this case, the prosecution may dismiss the charges.

The Accuser is Not Cooperating With the Prosecution

In some cases, the accuser stops cooperating with the prosecutor. If the accuser declines to submit to a witness interview or doesn’t show up for court, the prosecution may be forced to dismiss the case.

The Accuser Recants Their Story

Although an accuser can’t drop the charges, they can recant their statement. This means that the victim has admitted that they were lying. Although the state may still prosecute, if there is no other supporting evidence of a crime, a prosecutor may decide to dismiss.

Getting Skilled Representation

While every domestic violence case is different, a skilled criminal defense lawyer has seen it all and knows what to look for to help get a case dismissed or to build a solid defense. If you have been charged with domestic violence, contact the offices of Jason Bassett Criminal Lawyer. As a former prosecutor, he understands criminal law from both the defense and prosecution sides. Contact him for a free consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett JasonB https://jbassettlaw.com/why-would-a-domestic-violence-case-be-dismissed-in-new-york/ Why Would a Domestic Violence Case Be Dismissed in New York?

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How Are Domestic Violence Cases Handled In New York?

While domestic violence has long been a problem throughout the country, allegations of domestic violence have increased dramatically in part due to living conditions caused COVID-19 lockdowns. Lawmakers and law enforcement alike have faced increased pressure to treat those charged with domestic violence swiftly and harshly. While domestic violence should always be treated seriously, in their zeal to prosecute, the legal system has also disrupted the lives of those who have been falsely accused of domestic violence. If you are facing charges of domestic violence in New York, the representation of a New York domestic violence lawyer is critical.

What is Considered Domestic Violence?

There is no one crime defined by the term domestic violence in New York. Instead, it is a term that includes a group of crimes that involve individuals who are closely associated, either in romantic relationships, living arrangements, or members of the same family. Domestic violence can include crimes that range from stalking and harassment to rape and murder.

What Happens When Law Enforcement is Called to a Domestic Violence Incident

The state of New York has what are called “mandatory arrest” laws. When police are called to a domestic violence incident, and they believe that they have reasonable cause to believe that a crime has taken place, they are required to make an arrest.

In the case of mandatory arrest, they must make an arrest regardless of whether the accuser wants to pursue charges or not. One exception to the mandatory arrest laws is when both people are alleged to have committed misdemeanors against one another. In those cases, the police have to identify the “primary aggressor” and arrest only that person.

After the Arrest

After the arrest has been made, the officers will transport the accused to the police station, where the arrested individual will be booked. At this point, the accused should be allowed to contact a New York domestic violence lawyer.

An arraignment typically takes place within 24 hours of the arrest, when a judge will detail the charges and decide whether the defendant will be released on their own recognizance, placed on Supervised Release with or without a GPS ankle monitor, or held in custody on bail. There is often an order of protection issued in which case the defendant may not return to the home or or otherwise have any contact with their accuser.

False Charges Can Ruin Reputations and Futures

Unfortunately, many defendants get caught up in false domestic violence charges in mandatory arrest scenarios. Arrests and charges of domestic violence can not only require that an individual stay away from their home and children, but they can follow an individual around for the rest of their lives, wreaking havoc on their reputation, their career, and their future.

If you have been charged with domestic violence in New York, the skilled and experienced representation of the best domestic violence lawyer possible is essential. Contact the offices of Jason Bassett Criminal Attorney for a free consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett JasonB https://jbassettlaw.com/how-are-domestic-violence-cases-handled-in-new-york/ How Are Domestic Violence Cases Handled In New York?

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