The Challenge
If an alleged victim falsely accuses someone of aggravated assault, law enforcement must err on the side of safety. This means that law enforcement will assume the victim is telling the truth, even when the victim is lying. As a result, the alleged aggressor may be arrested and in jail, even if he or she didn’t do anything wrong. The judge could even order that person to remain in jail until the case is done. This makes it extremely difficult to fight the case.
Additionally, when someone is held in jail, they often lose their employment and housing. Unfortunately, even relationships with friends and family can suffer. Finally, losing at trial could result in going to prison for up to 5 years and paying huge fines. Under these circumstances, it is easy to feel hopeless and take a plea offer—even for an innocent person.
Legal Strategy
In aggravated assault cases, it is critical for our team of attorneys and private investigators to conduct investigations beyond what law enforcement has done. This includes finding and interviewing additional witnesses and also researching the alleged victim. Often, we’re able to discover other eye-witnesses and even camera footage. We must work quickly, especially if our our client is held in jail. As a result, we can discover the truth and either win at trial or even negotiate a dismissal of the charges.
Results
In this case, we were able to prove several lies and inconsistencies from the alleged victim. We were also able to show the judge that our client would not pose a safety risk to the alleged victim or the community. As a result, we successfully argued for our client’s immediate release from jail while the case was pending. This allowed him to return to work, keep his housing, and help us to prove the truth of his case. After investigating several more witnesses as well as providing evidence regarding our client’s credibility and lack of safety risk, we were able to negotiate a dismissal without our client ever having to go to trial. Our client was extremely grateful for his return to freedom during the pendency of his case and the final dismissal that allowed him to regain his positive reputation.
Case Studies
Contact
Info@Caldwell.Law
(435) 830-7577
(435) 631-2203