Family conflicts can get out of hand more easily than most people think. When arguments heat up, they will often end with law enforcement involvement – which will mean that a family member at the scene will likely face domestic violence charges.However, there are many cases when
Domestic Violence Defense Lawyer in Tucson
charges are dismissed. Our Arizona criminal defense attorneys explain when domestic violence cases often come to a halt.
The Accuser is Uncooperative with Prosection
Domestic violence cases are often dismissed when the alleged victim stops cooperating with the prosecution. If the alleged victim declines to submit to a witness interview or appear for trial, this can sometimes cause the prosecutor to dismiss the case. It often means that the prosecutor doesn’t have sufficient evidence to develop a strong case against the defendant.
Mistaken Report or Arrest
There are some cases where a third party thinks they witnessed something that amounts to a domestic violence crime, but they are mistaken. Third-party witnesses can carry a lot of weight because they do not know the couple and “have no reason to lie.” However, those witnesses can be mistaken or can see an event that they thought was considered domestic violence but was not.
The Accuser Has Made Prior False Accusations
There have been many cases when the alleged victim has a history of making accusations that are not supported by evidence or are later disproved. When this happens, domestic violence charges are often dropped. Common cases include separated parents accusing the other of domestic violence to help them win sole custody.
Nothing to Corroborate the Accuser’s Account
If the alleged victim reported that they were physically assaulted, there should be pictures, medical records, or other corroboration of the assault. It is also important to consider whether the recorded 911 call, which will be part of the evidence, aligns with the alleged victim’s account. An absence of evidence can lead the prosecutor to dismiss the case.