District attorneys prosecute domestic violence cases with or without the assistance of the victim because of the terrible effect it has on the entire family, not just on the victim. What is Domestic Violence? Domestic violence is not just violent physical acts between spouses. It encompasses a wide variety of acts including but not limited to:
Full Answer
Why do district attorneys fail to prosecute violence against women cases?
Mar 30, 2016 · Even in cases where the victim decides he or she no longer wants to pursue a domestic violence charge, the decision to prosecute the case is solely in the discretion of the district attorney. The district attorney can choose to prosecute the domestic violence charge with or without the victim’s consent or cooperation. Therefore, if you are charged with domestic …
Why does the district attorney let a case get to this point?
Nov 03, 2011 · If that does not resolve your question about the status of the case, contact the District Attorney's witness services liaison and ask for that person to investigate and let you know what the DA's position is. At the moment I suspect the case was referred to the City Attorney. The City Attorney has a domestic violence unit.
Can a domestic violence case be dismissed?
What to Take Away: Sometimes a DA will dismiss a case if the victim will not testify, but other times, the victim’s refusal to testify or the victim’s absence from trial makes no difference. This article discusses some of the factual scenarios where a victim is required and others when the victim’s testimony is unnecessary.
Can a district attorney refuse to prosecute a case?
May 14, 2019 · Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and …
Timothy Miranda
Even if the matter is not criminally prosecuted, you may, and probably should, petition for a Domestic Violence Restraining Order. It will not cost you anything, and upon its granting, which should not be an issue given the facts presented, your husband could not come within 100 yards of you, and possibly your daughter, for up to five years...
Christine C McCall
The fact that he got out Monday does not necessarily mean that the prosecutor has decided against bringing charges. Have you received any notice from the District Attorney? In many cases, in Los Angeles, under P.C. 17b4, the D A allows the City Attorney to prosecute the matter...
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 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 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.
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 the purpose of preliminary hearing?
The purpose of the preliminary hearing is to determine if the prosecutor (the district attorney) has sufficient evidence for the court to hold the defendant for trial. The key difference for the victim in a felony prosecution is that the victim usually always has to testify at the preliminary hearing.
Do felony cases go to trial?
However, even when felony prosecutions don't go to trial, they are almost always scheduled early on with a preliminary hearing. And victims almost always have to testify at preliminary hearings. There are sometimes special exceptions in the cases of child victims, and rare exceptions for adult victims.
Insufficient Evidence
There are 3 categories of domestic violence: 1. Simple domestic violence 2. Aggravated domestic violence 3. Corporal injury to a spouse or former cohabitant A major reason for dropping any criminal case is the insufficiency of the evidence. When appellate courts review an issue regarding sufficiency of the evidence, the s…
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. For instance, if you accidentally touched someone or knocked a coffee cup or glass out of your girlfriend’s hand because you were swinging your arms to emp…
Inconsistent Statements
- A prosecutor will review any statements made by the defendant and victim. In some cases, a victim will make a verbal statement that is noted by police followed by a written one that will contain inconsistencies that an experienced defense attorney will exploit to challenge the veracity and credibility of the victim.
Lack of Visible Injuries
- 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. This includes pushing or shoving someone, spitting in their face, or intentionally touching them in a rude or violent man…
Does This Rule Out Prosecution?
- This does not rule out a prosecution since an arrest can be made based solely on the victim’s allegations or on evidence at the scene of a struggle or a visible injury on the victim. The lack of an independent witness or third party is not fatal to the prosecution. A prosecutor may have evidence of the following: 1. New and visible injury to the victim, 2. Statements by the parties 3. …
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 committed it.
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