Domestic Violence Assault on Female Dismissed before first court date
Our client's Wake County DV Assault on a Female case was dismissed this week after vigorous advocacy. In this case, we were able to convince the prosecutor's office to do the right thing and drop the charges. Our client, who had no criminal history whatsoever, was happily married for almost 20 years. We were able to establish that a change in his medications may have affected him psychologically, because the new medication had side-effects that include aggressive behavior and irritability. His wife had called law enforcement because he had reacted in a manner to which she was unaccustomed, expecting that police would come and tell him to calm down. Instead, of course, they arrested him and he was taken to jail and held without bond. At first appearance the next morning Mr. Cecil was able to secure his release without a cash bond, but the judge denied the motion to lift a pretrial no-contact order. Pre-trial no contact orders are automatic in DV assault cases. Undeterred, Mr. Cecil was able to get his client's case back on a calendar only two days later, and was able to get the no contact order lifted over the prosecution's objection. Additional pre-trial advocacy proved effective, and the state agreed to dismiss the case two days before the first trial date.
Allegations of domestic violence assault are often all painted with the same brush. Courts and prosecutors have a tendency to assume the worst, and generally refuse to dismiss a case just because the alleged victim wants it. The assumption is that the victim remains under the control of the assailant and is only asking for dismissal because of that undue influence.
Skilled advocacy as well as familiarity with the court and prosecutors is required to achieve a positive outcome in these cases. If you or a loved one are charged with a Wake County Domestic Violence crime, give us a call to set up a consultation.
Practice area(s): Criminal Defense, Domestic Violence
Court: Wake County District Court