DV ASSAULT 4 CHARGE DISMISSED MORNING OF TRIAL
A.G. was charged with Domestic Violence (DV) Assault in the Fourth Degree following a heated argument with his girlfriend, with whom he shared a child. After he left, the girlfriend called 911 and claimed she'd been assaulted.
Investigating officers found no evidence at the scene that suggested there had been an assault, and A.G. was no longer there. Despite this, they referred the case for charging and the prosecuting attorney filed Assault 4 against A.G. He came to Gerl Law for help.
DV Defense attorney Dan Gerl went to work immediately, speaking with the alleged victim who was not only recanting, but saying that the officers got her statement wrong. She provided Dan with a sworn declaration to this effect, which Dan provided to the prosecuting attorney. She was unmoved, and insisted that A.G. plead guilty as charged.
But Dan's DV clients simply do not plead guilty as charged – especially not with a case as weak as this one. Dan and A.G. readied for battle, and after the trial date was continued several times - all the while, the prosecuting attorney claiming that she had enough evidence to prove the case - when push came to shove, she knew she couldn't prevail and she moved to dismiss. Just in time for the holidays!
Practice area(s): Domestic Violence