Philadelphia Domestic Violence Lawyer
Domestic violence cases are often fraught with emotional overtones that can impact the case. The complaining witness often wants nothing to do with the charges. Nevertheless, the government is insistent on pitting the ex-complainant against the defendant for “justice.” In so many domestic violence cases, the complainants total unwillingness to cooperate may lead to a breakdown in the government’s case. Nevertheless, it is important to remember that it is NEVER appropriate to tell a friend or loved one to avoid a subpoena or “not show up to court.”
Thank you Mark for everything you have done for my family. My husband and I hired Mark 3 years ago for my oldest daughter who was falsely arrested by her ex-husband, Mark worked with us and represented my daughter who was found not guilty on all charges and worked until the record was cleared. I remembered that he did such a great job that when my youngest daughter was arrested for DUI we had to retain him again for her case with the same great outcome not guilty on all counts, it turned out to be a medical emergency due to her type 1 diabetes and he won that point in court. One of the main reasons I love working with Mark is because he always makes himself available and work hard on his cases at the same time. I have to say that his customer service is outstanding!
A defendant who is facing domestic violence charges such as simple assault, aggravated assault, recklessly endangering another person, terroristic threats, amongst others should consider their full panoply of options. They may be eligible for Domestic Violence Court if the incident happened in Philadelphia, PA. The DA sanctioned program requires defendants to get Anger Management counseling and complete a period of supervision. If they are compliant the charges may be withdrawn and expunged.
Another option in a domestic violence case is to contest the charges. Many such cases have few witnesses and are fraught with emotional overtones. If the complainant’s story or version of events can be called into question, the government may have precious little remaining evidence to prove their case. The defendant should also consider presenting character witnesses, testifying to bolster his defense, and/or attacking the complaining witnesses credibility.
The government has the burden of proving any domestic violence case beyond a reasonable doubt. This is the highest legal standard in the country. It is the type of pause or hesitation one would make in coming to a major life decision. Making the government “prove their case” with an emotional and oft times reluctant witness may improve the odds of successfully defending the charges.