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 Armvm_andrei 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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Can I Go to Jail for a DWI on Long Island?

Driving while intoxicated (DWI) is a serious offense in the state of New York and carries some serious penalties, including a criminal record. One of the most common questions we get with clients who are charged with a DWI after a drinking and driving incident is, ‘can you go to jail for a DWI?’

The short answer is yes, there is always a possibility that your offense could land you in jail. However, the likelihood of that happening will depend on the exact circumstances around your DWI charge.  Before you make any decisions about your case, it is important to speak with a highly rated Suffolk County DWI lawyer.

Penalties for DWI in NY

In the state of New York, the first DWI offense is considered a misdemeanor and under normal circumstances does not result in jail time. Subsequent offenses can be treated as felonies with more severe penalties.

That being said, under state law in New York any DWI conviction can result in jail time, regardless of the number of offenses committed.

The maximum jail time for DWI offenses in New York can be broken down as follows:

• 1st offense: Up to one year in jail
• 2nd offense within 10 years: Up to four years in jail
• 3rd offense within 10 years: Up to seven years in jail

As indicated above, the time between offenses will also play a part in the severity of your potential penalties. When there are multiple DWI offenses within a 10 year span, it becomes far more likely a defendant will receive a lengthy jail sentence.

Factors that determine jail time

When determining if jail time is an appropriate penalty for a DWI conviction, the judge will look at a variety of factors.
One of the major factors a judge will evaluate is the question: Is this a first offense or a repeated DWI conviction? In New York, a first time DWI offense usually does not result in any jail time (other than the time spent in custody between the arrest and the arraignment). Although subsequent offenses do have a greater likelihood for jail time, several other factors are also considered by the courts.

One factor that plays a major role in the length of your potential jail sentence is your blood alcohol content.

When your blood alcohol content (BAC) was below .08 percent, you’ll likely be charged with a DWAI (Driving While Ability Impaired), which carries comparatively lighter penalties. Driving with a BAC that is greater than .08 and less than .18 percent is considered a DWI. Those who blow greater than .18 percent will be charged with Aggravated DWI, which is an even more serious crime and could lead to a higher chance of you landing in jail.

The courts look at additional factors before deciding on a possible jail sentence. These include the presence of passengers in the vehicle at the time of the offense, if injuries were sustained and their severity, and if children were involved.

Hiring A Top First Time DWI Lawyer In Suffolk County

Jail time is not inevitable in a DWI conviction. A court will consider many factors before making a decision on every case. Having the right criminal defense attorney by your side can greatly reduce the chance of you serving any jail time for your first DWI offense or a subsequent offense. Anyone who is facing charges of Driving While Intoxicated of Driving Under the Influence should seek the legal advice of an experienced criminal defense attorney. If you are faced with a DWI offense and feel anxious about potential jail time, reach out to Jason Bassett and his team for a free initial consultation. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/can-i-go-to-jail-for-dwi-long-island/ Can I Go to Jail for a DWI on Long Island?

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