If you have been arrested on false allegations of domestic violence and have faced criminal charges, you have likely wondered if your case will be taken to trial. While the vast majority of domestic violence cases are resolved prior to going to court, there is still a chance that you will be required to proceed to trial before a jury or a judge if your case is not dismissed. According to the McConnell Law Firm domestic violence attorneys in Wichita, Kansas, there are multiple causes for a domestic violence case to be dismissed and many factors to consider when taking your case to trial. Learn more about the process of having a domestic violence case dismissed and identify the potential consequences of accepting a plea bargain below.
Why Are Domestic Violence Cases Dismissed?
When charged with allegations of domestic violence, the best possible outcome a defendant can hope for is the dismissal of their case by the prosecuting attorney that filed the original charges. A dismissal is “a decision of a court, which has exercised its discretion prior to trial or before a verdict is reached, that terminates the proceedings against the defendant,” and is considered the most efficient way to resolve a case as the prosecution avoids having to prepare for trial. While evaluating all potential resolutions of your domestic violence case, it is crucial to understand the specific circumstances that frequently lead to a case dismissal. A domestic violence case may be dismissed if:
- There is a lack of evidence—In cases in which there is a lack of credible evidence (photographs, medical records, video footage, 911 call recordings, etc.) to corroborate the alleged victim’s allegations, a prosecutor may dismiss the case. Additional evidence may include witnesses who can corroborate original allegations, with the absence of any witness corroboration leading to dismissed charges.
- The accuser becomes uncooperative with the prosecution—One of the most common reasons domestic violence cases are often dismissed is due to an accuser’s lack of cooperation with the prosecutor working on the case. If an alleged victim declines to participate in interviews and refuses to appear in court, the prosecutor may not be able to prove their case and may choose to dismiss the charges. However, if the accuser does not cooperate and appear in court, it does not necessarily guarantee that the case will be dropped. In some circumstances, the judge may subpoena or incarcerate the alleged victim to force them to testify.
- The accuser has a history of false allegations—In some instances, an alleged victim may have a history of making accusations not supported by evidence or accusations that they later revoked. Depending on the case’s circumstances, a history of false allegations on behalf of the alleged victim may influence a prosecutor to dismiss the case.
- The allegation was mistakenly reported—Some domestic violence cases result from a third party’s misunderstanding, such as a neighbor or passerby who calls the police after hearing a loud argument. If a case was mistakenly reported or embellished, an expert domestic violence attorney will be able to help navigate the situation and get the case dismissed.
- The accuser invokes their fifth amendment right—In the case that the alleged assault was the result of a mutual altercation, the accuser may invoke their fifth amendment right against self-incrimination, becoming unavailable as a witness, and causing the case to be dismissed.
Negotiating a Plea Bargain
When an individual is facing domestic violence allegations, they may be able to negotiate a plea bargain with the prosecuting attorney to receive a lesser charge in exchange for a guilty plea. While plea bargains are designed to serve both the prosecuting attorney’s and the defendant’s interests by avoiding trial and lessening the charges, they may incur collateral consequences for a defendant, including the loss of employment and the inability to own a firearm. Before entering into a plea bargain, it is essential to understand the specific terms of your agreement to determine which route is best for you and your future.
“As a domestic violence attorney, you have to be extremely careful how you structure a plea bargain because of federal and state law,” said Jonathan W. McConnell, a domestic violence attorney in Wichita, Kansas, who founded the McConnell Law Firm. “The domestic violence tag associated with accepting a plea bargain can have the same collateral consequences that a conviction has and may affect your ability to own a firearm due to federal and state regulations. Most of the time, you will want to proceed to trial and have the case dismissed if possible.”
Have You Been Accused?
If a false domestic violence accusation has been made against you, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting a domestic violence attorney in Wichita about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.
