QUESTION
How hard is it to prove the police's perception/assessment of a situation was innaccurate and someone went to jail for something they didnt do?
Asked on Dec 01st, 2019 on Domestic Violence - Tennessee
More details to this question:
Police were called by a neighbor. The "victim" was fall down drunk. Because the victim was on the floor from falling during an argument with the other party. No physical contact was made by the accused. The police wrote it up as domestic violence and reported that the "victim" was hit multiple times and head bashing happened. However the "victim" hit their own head on furniture and fell down from being intoxicated. The DA and police put a protection order, a subpoena for the "victim" and a minor child from contact with the accused. A family has been torn apart by others perceptions that were completely wrong. In court the judge, DA and domestic violence advocate all stated they would not get in the way of the motion the victim filed to have the protection order removed. In front of the judge he stated that he does not have the power to dismiss, remove or modify that order. How do you get the case dismissed and the order gone?
1 ANSWER
I don't know what evidence exists for the police report saying the alleged victim was hit multiple times in the head. I will say in any criminal case, the State has to prove their case. That sounds obvious, but if in fact there is no evidence to support the State's case, and there is evidence to support the defense alleged, it's possible to convince a jury.
That's a general answer. An experienced trial lawyer will have heard a jury say 'not guilty' enough times to tell you it is possible. The same truth is that juries often believe the version of police over the version of 'regular' people. A lot goes into trying a case, with dozens if not hundreds of facts and little pieces of evidence. The DA tries to build their puzzle out of the pieces, the defense tries to build theirs.
It sounds like the Court already heard a Motion to Dismiss an Order of Protection (which is completely separate from any criminal charge), and denied it. If that's correct, a new Motion would have to list new grounds. It's easy to confuse, but DA's don't represent alleged victims, so they don't have to do what 'victims' want. Every DA I've personally dealt with will tell you they have a 'no drop' policy on Domestic Violence. I will tell you that's not exactly true, but you often have to either force them to do it, or give them a legal 'out.' If a DA believes a victim told the truth initially, and is lying to get charges dismissed, they are not required to take the updated or new story. It may be hard for them to win a trial without a cooperative victim, but on the other hand lots of times along the way they can pick up a victim tampering charge. In other words, Domestic Violence goes away but client goes to jail for talking with the victim. Third party contact counts too, so someone's mama or whomever speaking to the victim 'for the defendant' can be a great way for defendant to pick up more charges.
Answered on Dec 02nd, 2019 at 10:21 AM