Evidence Dismissal in New York City Domestic Violence Cases
Domestic violence is a serious crime, which is why it is important to have evidence that can dispute the allegations of violence. Evidence dismissal in New York City domestic violence cases is one way for the defense to weaken the prosecution’s case. A qualified domestic violence lawyer could examine the facts of your case, and attempt to get evidence dismissed in order to build your defense. Contact an attorney today and know that you are in capable hands.
Types of Evidence Used in Domestic Violence Cases
Nearly every domestic violence case will need the testimony of the complainant. Somebody has to testify that the defendant threatened or struck the complainant and was injured or went to the hospital and that they were afraid or alarmed.
The complainant’s testimony is almost always an essential part of a domestic violence case and, in addition to that, any medical records. If there is an alleged weapon and that object is collected, vouchered and preserved by the NYPD, that constitutes evidence.
Also, the prosecutor may be able to bring up any past episodes of domestic violence, whether charged or uncharged, if the case were to go to trial depending on a showing of their relevance and a trial judge’s order allowing them to do so. There are times when the defendant’s past actions become evidence used in a domestic violence trial.
Steps a Defense Attorney May Take to Get Charges Dismissed
There are a couple of different things a good defense attorney will do, in order to achieve evidence dismissal in New York City domestic violence cases. They will have a conversation with the prosecutor about the case, perhaps pointing out weaknesses.
One way to get evidence suppressed is through motion practice, citing case laws or rules that demonstrate why previous rulings show that certain evidence is irrelevant or not probative to the trial. A good attorney spends a lot of time crafting these arguments and writing motions to make sure that evidence that should not be admitted against the defendant is rightly excluded.
Suppressing Witness Testimony
The most effective way to get a witness testimony thrown out is to establish through clear evidence that the witness is lying. If an investigation can be conducted which shows that the witness, for whatever reason, could not be giving truthful testimony by either establishing that they were not where they claimed to be and therefore could not have seen what they claimed to see, or establishing that, for whatever reason, they are not telling the truth in terms of what they testify about, testimony can be excluded.
Value of a New York City Domestic Violence Lawyer
If you have been charged with domestic violence lawyer, it is important to consult a local New York City domestic violence lawyer. A local attorney will not only know both the elements of the crimes that are charged and what the prosecutors must prove, but they will have a good sense of what potential defenses, affirmative defenses or just trial strategy defenses might be available.
The lawyer may know a bit about how the different offices treat these cases and what the best way to defend you is, based on the different offices and the different units of the NYPD that might be involved. Your attorney may have experience with evidence dismissal in New York City domestic violence cases and can use that experience to build your case.