December 1, 2021
Assault and Battery on a Household Member
Assault w/ a Dangerous Weapon
Threat to Commit a Crime
Witness/Juror/Police/Court Official, Intimidation
Magistrate Hearing
Client was a very pleasant young woman with no criminal record. She was in a marriage that has a questionable origin and lacked the authenticity that she has a right to expect. She was charged with a variety of crimes; some felonies, some misdemeanors, all serious. At the magistrate hearing there was what is called cross-complaints. Cross-complaints mean that one side has a criminal complaint against them, and the other side has a criminal complaint against the other, with generally the same set of facts. In this scenario, there exists the possibility of one side having the case issued against them, both sides having the case issued against them, or neither side having the case issued against them. In our case, we suggested that there was impeachable evidence of immigration fraud. To further our position, we consulted with an immigration attorney that concurred and signed an affidavit and statement of falsehood on our behalf. We provided that to the other attorney, so that they could review to determine if they would still move forward given the expert's affidavit. In the end, the other side, after consultation with their attorney, sought not to move forward on their criminal complaint and we did the same. Both cases were dismissed and both parties continue to have no evidence of appearing in any court.
Result: Felony Cross-Complaints Never Issue Against Client
