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How actually being guilty of domestic violence increases your chances of having your case dismissed

Posted by Andrew Segal | Nov 19, 2013 | 0 Comments

Okay, this is a bit odd but, actually being guilty of domestic violence can actually increase your chances of having the charges dismissed.

There is, of course, a catch. Here it is: you must not have a prior history of domestic violence, the case cannot involve serious bodily injury and you must admit your guilt. In addition to these requirements, the prosecutor and judge must be willing to allow you to participate in a domestic violence intervention program.

If you qualify for a domestic violence intervention program and you successfully complete the program, the charges are dismissed.

So, why is it often easier for a guilty person to have their charges dismissed than for a person who is not guilty? Simple, if the case goes to trial, a lawyer cannot guarantee a particular result. In a perfect world an innocent person would not get convicted of a crime they did not commit. Unfortunately our world is not perfect. The purpose of a trial is to discover the truth but that's not always what happens. Sometimes what is believed to be the truth (even if it is not) wins and, sometimes, innocent people are unjustly punished.

In contrast, a person who is guilty and has an agreement that the case will be dismissed if they complete counseling has as close as we can get to a guarantee in the legal system that, if they hold up their end of the bargain, their case will be dismissed.

Your lawyer will evaluate the strengths and weaknesses of your case and help you determine your best option. If your case is strong enough, you may be able to secure an outright dismissal without any form of counseling and without a trial. If you are guilty, and the prosecution offers to allow you to avoid a conviction by attending counseling, it is certainly something that merits serious consideration.

Whatever your circumstances, you should immediately speak with an attorney if you are charged with domestic violence.

As always, if you are seeking to retain an attorney, we are happy to speak with you to help you determine what your best course of action is.

About the Author

Andrew Segal

Andrew Segal is a former judge and prosecutor who now represents the accused as a criminal defense attorney in Huntsville, Alabama, area courts. Andrew graduated cum laude from Bowdoin College in Brunswick, Maine, in 1982. and Washington College of Law at American University in 1988.


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