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Domestic Assault Cases:
If the authorities decide that your case involves "domestic violence," all of the rules change. Domestic violence cases are harder to have dismissed, even if they are weak. Domestic cases are prosecuted even when the supposed "victim" recants, or asks the prosecutor to have the charges dismissed.
Why are these cases so difficult? The answer is simple: fear. Every person that comes into contact with a domestic violence case (police, prosecutor, and judge) fears that this case could be the "one-in-a-million" case.
What is the "one-in-a-million" case? It's a routine domestic incident in which the accused leaves court, returns home, and murders the complaining witness. Such cases, no matter how rare and unpredictable, make sensational headlines.
The Judge, the District Attorney, and the police will be blamed for the tragedy, because the public believes they could have prevented it. Careers are ruined as a result of such negative publicity. Judges are not promoted, prosecutors are not re-elected. So no matter how irrational it may be, fear of the "one-in-a-million" case drives the system.
The police who respond to a domestic violence call are generally required by department rules to make an arrest. This policy exists because the police don't want to be blamed for the "one-in-a-million" case by failing to arrest a person who, five minutes later, murders his or her spouse.
The problem with this policy is that vast numbers of minor domestic squabbles get inserted into the criminal justice system. Unfortunately, the courts aren't always perfect at dealing with family issues. But the police know that as long as they arrest everyone possible, we will never see the Boston Herald proclaim "Police Release Murderer!"
It's no different with the Prosecutor - he doesn't want to take the heat for the "one-in-a-million" case either. So the District Attorney's office takes a "prosecute everyone" approach. At arraignments, Prosecutors usually request bail in domestic violence cases, regardless of the defendant's background. This is "passing the buck" to the Judge. If the Judge decides to release a person without bail, then the Herald can't blame the Prosecutor - it's the Judge's fault!
Now this of course places the Judge in a tough position. Sometimes a Judge will give a Prosecutor exactly what he asks for. In other words, if the Prosecutor asks for $500 bail, the Judge will agree. This is actually an interesting way of attempting to deflect criticism. If the defendant makes bail and kills someone, the Judge can always say that he did exactly what the Prosecutor asked for, and that he assumed the Prosecution had properly evaluated the case (and the defendant) when requesting the bail. The Judge can take the position that if the Prosecutor had requested a higher bail, he would have granted it, and the tragedy would never have happened.
As you can see, everyone is passing the buck out of fear. That can make domestic violence cases much more difficult to defend.
So why hire Attorney Gindes to defend your domestic case?
Because he has handled hundreds of these cases, and he knows the best antidote to fear is knowledge! There are ways to reduce fear, and to convince the Prosecutor or the Judge that they can dismiss or dispose of a given case without worry.
Attorney Gindes' approach depends on the charges, the police report, the officers involved, and the specific Prosecutor and Judge, among other factors. Dan will take the time to talk to witnesses, visit the scene, and develop a trial strategy that can win. No two cases are identical, but you can depend on him to try his best to have your case dismissed. If dismissal is not possible, Dan stands ready to resolve your case by trial or negotiation, depending on the circumstances or your personal preference.
Call our office toll free at (877) 639-5100, or email Attorney Gindes today for a free consultation.
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