June 6, 2024
Domestic Assault and Battery
Client was a hard-working married state employee who was charged with Assault and Battery on a Household Member. The police were called to the home for a 911 hangup call. Police arrived and began the interviewing the parties involved. The police had bodycam which recorded a long exchange between the defendant and the police. Client was arrested. In this case, the client was particularly conversant with police and there was a significant interview via the police body cam. The client’s intoxication was also apparent via the bodycam. Fortunately, there was no 911 recording alleging abuse, also, there was no claim or visible injuries, or medical records, also there were no 3^rd party witnesses and finally, no request for a restraining order. Since there was little evidence of a crime, besides the allegation of the crime, that allowed the ability to demonstrate to the District Attorney the likelihood that this case will not succeed. A long affidavit was drafted and submitted to the Government further demonstrating the likelihood of success was minimal. Those factors combined with the spouse who would clearly assert her marital privilege at trial, resulted in the District Attorney simply agreeing to 180 of staying out of trouble and a dismissal, if successful was entered on the first court date—post arraignment.
RESULT: Generally Continued for 6 Months.