Common Reasons Domestic Violence Cases Are Dismissed

At Lotze Mosley, LLP, our criminal defense attorneys in Maryland and Washington D.C. focus on educating our clients on the consequences of being convicted of a domestic violence offense.

First, there are the criminal consequences, which can be misdemeanor or felony charges depending on the nature of the complaint, which can end in fines, probation, or even jail time if convicted.

Next, there are the penalties that occur outside the courtroom, including job loss, loss of financial support, and an inability to obtain housing or loans.

Domestic violence charges are far-reaching and can change your life from the moment of the arrest. Depending on the facts surrounding the domestic violence case, as all charges and individual circumstances are unique, there are many reasons why these cases are dismissed before they make it into the courtroom.

Reason One: The Accuser is Uncooperative with the Prosecution

The number one reason the court dismisses domestic violence cases is the accuser stops cooperating with the case’s prosecution.

While in both Maryland and Washington D.C., it is not up to the alleged victim to drop the charges, as the prosecutor can decide to proceed with the case without them, without the alleged victim providing enough details or supporting testimony that a crime occurred, the prosecution cannot complete the legal process because of a lack of evidence and information.

Reason Two: There is No Evidence to Validate the Accuser’s Account

If an alleged victim claims to have been physically assaulted, our Washington D.C. domestic violence attorneys will obtain access to the evidence that supports his or her claims, including images taken at the scene, witness statements, and/or medical records that substantiate the claim.

Evidence to corroborate that an assault occurred is important to the prosecutor’s success against our clients. Without it, the case may not proceed.

Likewise, if the alleged victim tells many inconsistent stories, or worse, fabricates the issue, or stands to maliciously gain from their accusations, the charges may be dismissed with the help of a defense attorney who uncovers the underlying motive for the charges.

The same is true when the accuser has a history of making false accusations or disavows the claims later.

The court may dismiss any domestic violence charges and justify the dismissal by accounting for the accuser’s false accusation history.

Reason Three: The Prosecutor Dismisses the Case

If the Prosecutor believes that there is not enough evidence, or when our defense attorneys present our side of the case to convince the State there is not enough evidence to go to trial, we may petition the court to dismiss the case.

Call Us For A Free Consultation

If you have been arrested for domestic violence, contact our experienced criminal defense attorneys in Washington D.C. and Maryland at Lotze Mosley, LLP today by calling (202) 393-0535 to discuss your case, so we can begin building your defense.