What is the best way to fight these charges?

Question

I am charged with simple domestic assault. My ex girlfriend accused me of threatening to shoot both her and her friend. I deny these false charges but a denial is not sufficient. I would like to know what is the best way to fight these charges or seek input from an attorney ?  I have a court appointed attorney but he seems to be too busy with other cases to represent me to my satisfaction.

Jacob P. Sartz · Answer

You have a right to council. You also have a right to retain the council of your choice. If you have concerns, I'd recommend contacting your court-appointed attorney first and trying to resolve the issue since they are the most familiar with your case. However, if your relationship breaks down, then it may be time to consider either retaining a new lawyer or requesting that the court appoint you a new attorney. Ultimately, though, whether there is a substitution of council is a matter for a properly filed motion and is up presiding judge. The judge will not allow a substitution if the matter is too close to trial or for other reasons. If it appears your relationship is breaking down, you are better off acting sooner in the case to resolve this issue rather than waiting for the brink of a trial.

Ryan L. Russman · Answer

I would consider hiring private counsel.  You should have an attorney that answers your questions and presents you with clear options.

Cynthia Henley · Answer

Since you are represented by counsel, you need to follow that lawyer's advise. If you have friends / family who are aware of your ex's reputation or actions in lying, then you might go ahead and get all the contact information together for the lawyer so the lawyer will have credibility witnesses against her. The same for those who can say you are a truthful person.  If you are unhappy with the lawyer's representation, you can hire a lawyer to substitute in and take over.

Michael J. Breczinski · Answer

Go to trial and fight the charges. If the jury believes there is a reasonable doubt as to your guilt they must acquit you.

Eric Sterkenburg · Answer

Public defenders for the most part are very good attorneys. However, they are very over worked and carry a large case load. This limits the time they have to handle each case as the defendant may want. The way to overcome this problem is to hire a private attorney. Most private attorneys will provide a free consultation if you ask. Some will discuss the facts of your case with you at that time and let your know what is your best option and an approximate fee. Others will use this opportunity to get you into the office to pressure you to hire them. The best way to fight any criminal charges is to hire a good attorney and follow his advice. What you must do is not talk with anyone about the facts of the case except an attorney that you have an attorney client privilege with.

Michael Harvath · Answer

I am a Missouri criminal defense attorney that handles charges throughout all parts of the state.   We are typically able to work out an arrangement with the local prosecuting attorney that may allow your charge to be amended to a lesser charge and can result in a far less severe penalty. In order to determine whether there is a possibility of getting the charge dismissed entirely, more detail would be needed. Often times, an attorney who spends time reviewing the charges carefully can find weaknesses in the evidence and can argue for a complete dismissal of the charge. You may be better served by having a private attorney represent you, if you feel that your case is not receiving adequate attention.   Thanks.

William Spern · Answer

Go to trial and tell the judge or jury as the case may be of your innocence. If there are any witnesses that support your position, they should be asked or compelled to attend the trial.

James H. Dippery · Answer

Are you prepared to pay $5,000 to $15,000 to hire counsel (depending on whether misdemeanor or felony DV)? I didn't think so, and I recommend that you work closer with your Public Defender. They often get a bad name reputation as group, but wouldn't you really rather be represented by someone who does criminal cases all day, every day? The attorney will direct the case in the best way to protect your interests, so give consideration to the suggestions made.

Edward Blum · Answer

Make the prosecution prove their case.  Take it to trial.

Jared Altman · Answer

You must enlist. And interest your attorney in your case. You may have to go to trial to vindicate yourself so preparation is key. If you're not happy with your lawyer, write to him and if he doesn't shape up then ask the judge for a new one.

Dennis Roberts · Answer

You are SOL. Unless you have an incredibly good reason (not that he is too busy  to pay attention to the case - youcould probably say that about most attorneys  who take appointed cases) you are screwed. But you should write the lawyer,  certified mail, telling him you need an appointment to talk to him about your  case. He'll see you because he will be afraid you will report him to the bar.  But if you have two different people saying you threatened to shoot them you are in deep trouble.

Stacey Selleck · Answer

This sounds like the typical case in Domestic Assault of "He said She said."  This is a case that you will likely have to take to trial and leave it in the hands of the jury of who they believe more.  If you can afford to I would suggest you hire your own attorney who will put the time and effort into your case that it deserves.  This is a serious charge that has potential jail time.  You need someone who is going to represent you fully and put the best defense up for you at trial.

Seth Bloom · Answer

If you are unsatisfied with your public defender, you should consider hiring private counsel. Be sure to discuss this with your current attorney before doing so.  Domestic assault charges can be very serious and a conviction will have a significant impact on your future. For this reason, you should not take this situation lightly and should certainly consider incurring the cost of obtaining competent legal counsel.

Michael Garber · Answer

The best way is to have witnesses who can testify to what happened if any exist. Otherwise it's your word against hers or theirs if they both were involved. Prosecutors don't like to dismiss domestic violence cases, but if the victims sign statements say they don't want to prosecute the DA might not.

Jennifer Ellen Speas · Answer

This is not the type of case with physical evidence and is based entirely on your credibility vs the other two witnesses.  Often referred to as "he said, she said."  You may have to go to trial with a case like this and explain your side to a jury.  However, you must keep in mind that the prosecutor has the ability to charge you with Terroristic Threats based upon the allegation that you threatened to shoot your girlfriend.  This is a felony.

John DeVito · Answer

Domestic violence accusations are often "he said/ she said" situations. There is little to do except go to trial and try to discredit the accuser. Often accusers post information on Twitter or Facebook which may help your case. Having an investigator speak to the accuser and her friend may be benefical. Hire an experienced attorney.

Craig Elhart · Answer

You always have the option to retain an attorney to represent you on your own.  You need to speak with your attorney and determine what he/she is doing to assist you in this matter.

Jeff Yeh · Answer

That's right. Each Public Defender has hundreds of cases to deal with each month, so you will not get the kind of representation that best serves your needs. You need to find a good defense attorney willing to take your case to trial. DV cases often involve a lot of he said she said, so prosecutors don't like taking them to trial, because 12 jurors have to all be convinced beyond a reasonable doubt. When there is so much he said she said, this becomes difficult. Bottom line, you need an attorney, and it shouldn't be a PD.

Mark Broughton · Answer

The answer is, as you have suggested, to get a good criminal defense attorney. There are some very good public defenders, but as you have mentioned, they are very overburdened with cases. That doesn't necessarily mean that they won't do a good job for you, but a good private lawyer should give you and tour case the attention you deserve.

James Schoenberger · Answer

Sounds like you could have been charged with more serious crimes including felony harassment. Perhaps the state's case is weak. You really need an attorney that will devote the time to your case it requires. You should consider retaining private counsel.

Mark Bruce · Answer

Your other choice is to hire your own lawyer.  Do not try to represent yourself.  If you can't afford a lawyer, ask to talk to the appointed lawyer's supervisor.  Last resort is to ask the judge to appoint you a new lawyer this is called a Marsden motion.

Steven Fagan · Answer

If your current attorney is not a good fit, you should seek out an experienced criminal defense attorney who is. Several options are possible depending on the details of the case, and a qualified attorney familiar with the workings of the Court in which your case will be determined is your best chance to explore those options, which include negotiations, pre-trial motions to limit or eliminate evidence, and possibly even trial if necessary.

Thomas Tomko · Answer

The best advice I have is to hire our own attorney.  You cannot hope to solicit free advice over the internet, hope that it fits your specific facts and case, and then direct your court appointed attorney to simply do as you try to direct them.  This approach is a recipe for disaster.  If you are dissatisfied, you should hire your own attorney and develop an agreed upon strategy to address the charges.  It will cost you some money, but it will be well spent if it gets you the desired result.  I hope that this was helpful.

Matthew Murillo · Answer

If your unhappy with an appointed attorney, then hire a private one. There is no such thing as a "one size fits all" defense. Everything has much to do with circumstances. No one will be able to say "do a, b, and c" and the case will be dismissed.

Daniel Kieth Martin · Answer

There is insufficient information to answer this question. However many criminal defense lawyers will meet with you for free to discuss your case.

John Patrick Yetter · Answer

If you wish to hire an attorney you should contact some by phone or email directly.  Generally they will give you a free consultation where you can discuss the charges against you and possible defenses, and let you know at that point what the defense will cost.  It isn't possible to accurately tell you how to defend a case with only this much information.

Craig Orent · Answer

You need to talk to your court appointed lawyer, or if you can afford to do so retain counsel. This is not the appropriate place for you to and an attorney to discuss case strategy, especially where you already have an attorney. To discuss in any reasonable manner would require you disclosing details; this is not the place to do that. Call your attorney and see if you can get a meeting with him/her so you can get one on one time. Otherwise, consult another attorney directly.

Michael Maltby · Answer

It all depends on the facts. You are right that you need an experienced attorney who know how to try these cases and know how to cross examine these kind of obviously biased witnesses.   Good luck.

Kevin O'Grady · Answer

You are always able to fire your court appointed attorney and hire another one to your liking.

Tanya Lewis · Answer

The best way to fight charges of domestic assault is to hire a defense attorney who has the time, experience, expertise and contacts needed to investigate the allegations, and identify and build a formidable legal defense.  When it comes down to a case of "he said, she said" it is important to have a professional on your side who can evaluate the relative strengths and weaknesses of the witness' expected testimony, and to ultimately advise you the client as to what is likely your best move directed at reaching your stated goals and objectives for resolution.

Kathryn Hudson · Answer

The burden of proof is on the state but showing them the way often means a defense attorney pressuring them to do so. The state will need credible witnesses plus mere words alone are not enough to prove assault, the threat must be immediate and capable of being carried out. If you had a gun and showed it to them that would go towards meeting the elements of the crime.

Stephen Freeborn · Answer

The best way to fight the charges is through an attorney.  I do not know the particular facts of your case and have not seen the police reports or the evidence in this case. Until I see these documents, I am not in a position to advise you.  I also have not seen your case schedule, so I have no way of knowing where your case is in the process.    Request an appointment with your attorney.  Try and meet in person to review the case.  If you don't like your attorney, get a new one.  You may end up having to hire an attorney of your own.

Joseph Dane · Answer

Sorry, but there's no way for anybody over the internet to give you the "best way" to fight the charges.  Only your attorney - the person who has access to all the police reports, witness statements, evidence and has discussed the case with you in detail - can advises you on the best way to proceed.   If you're not satisfied with your appointed attorney, you are free to hire an attorney of your choosing.  Yes, public defenders are overworked.  You may want to call and schedule a meeting with them, rather than have a rushed hallway discussion about your case.

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