Many times a person becomes involved in a dispute that he/she had done nothing to cause. However law enforcement is trained to arrest someone regardless of whether there exists probable cause to believe the person has actually committed a crime. Often times a client will call me and advise they have been charged with a Battery, Domestic Battery or an Assault (or Aggravated Assault). The mere fact that one is charged with these charges can be detrimental to employment, education endeavors, and family relationships. A bond is typically set by the officers between $100 and $2,000. Felony versions usually result in bonds being $10,000 to $50,000.
We understand that you need this type of charge dismissed – quickly! Our office strives to obtain dismissals of these charges as a first course of action. We have tried many of these cases and have earned dismissals for many of our clients. Getting a bond reduction is a simple and fast process. I work every day with the prosecutors who control your bonds. I know which one will allow my clients to be released without posting bond. If a bond must be posted then our next course of action is to obtain the lowest bond amount available. We handle bond reductions for all types of these charges on a weekly basis. Generally a bond reduction is obtained the same day we are retained.
If the State doesn’t agree to dismiss the Battery charge we then determine whether we can obtain an affidavit of non-prosecution from the alleged victim. Many times all it takes is a little cooperation from the victim to get the case dismissed. Tempers that may have flared and resulted in our client being arrested. After a little time passes the victim will have a change of heart and may agree to help our office obtain a dismissal. While the disposition of these cases doesn’t depend on whether the victim wishes to pursue or not, it is very helpful in persuading the State to dismiss.
In cases where the State doesn’t agree to dismiss my client makes the decision whether to prepare for and try the case before a jury or attempt to resolve the case through negotiations. This decision is our client’s alone. That being said, we use our vast experience to assist our clients in making the best decision for them.
Brian Polinske has tried many of these cases. An example is a case where my client (a doctor) was alleged to have struck his wife. She had begun a divorce case against him at the time. The evidence consisted wholly of her statement. There was no physical evidence to support the Domestic Battery claim. We tried the case and after completely discrediting her on the stand obtained an acquittal from a jury of the charges. The jury did not need to deliberate very long before finding our client Not Guilty.
Another example is where a person was alleged to have pushed a police officer who claimed that he was battered while attempting to arrest my client. Again I attacked the officer’s credibility and won the case at trial. One piece of evidence that helped win the case was a “buttonhole” cam that we eventually made the prosecution provide despite their initial declination. We don’t let the prosecution take control of these cases. In my 20 years of trying these cases it is obvious that thorough pretrial discovery in all cases is essential. Without the cam evidence I don’t believe we would have won the case (March 2010).
A client of mine had a run in with his neighbors. He had an ongoing property line dispute with them. He was the first to call the Sheriff’s Department but he was the person who got arrested. The facts did not match up with the statement taken from the alleged victims. Trial was not necessary in the felony Aggravated Battery case since the discovery we eventually obtained proved that the victims’ versions could not have occurred (June 2010).
What Are You Waiting For?
If you need skilled legal help with a misdemeanor or felony DUI from a veteran team of trial attorneys, contact us by e-mail or call us at 618-505-4213 (877-632-3089 toll-free). A free initial consultation is available when and where you need it.
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