This is a good topic because most people, once they get arrested for a domestic violence case, have to post $50,000.00, they're in jail for some time, and then they're waiting for a court date — they're typically looking for ways to get out of their case. However, it's important to remember that some legal processes and options can lead to a successful outcome, providing you with confidence and a sense of security.

I have people calling me, saying, Well, my significant other says they're not going to prosecute me.  So, is that the end of it?  And, of course, the answer is no.  It's not them against you; it's the People of the State of California against you, so once the prosecutor gets all the paperwork from the police, that's it.  They're the ones who make the decision, not your significant other.  So, that's not a way to get a dismissal.

City Attorney Hearings

There are going to have to be some problems or issues with the evidence in the case in order for you to have a chance to get a dismissal.  Of course, the most obvious way to get that dismissal is by way of a jury trial and showing the jury that you did not bat strike or do anything wrong to your significant other.  That's certainly one way to do it, and the jury would hear both sides of the evidence.  They would listen to you, and in the end, they would decide if you were guilty or not guilty of the crime of domestic violence.

Another way I see dismissals occurring is when the case is closed and there is minimal injury to the opposing side. Often, we've been able to secure City Attorney hearings. A City Attorney is a public official who represents the city or county in legal matters.

In a domestic violence case, they file misdemeanor cases in the county where the case is pending. They decide whether or not to file the case or pursue it, and most of the time, if you can get it to a City Attorney hearing, you'll have success if you handle it the right way. Their decision can significantly impact the outcome of your case.

They decide whether or not to file the case or pursue it, and most of the time, if you can get it to a City Attorney hearing, you'll have success if you handle it the right way.

I've even seen domestic violence cases where the City Attorney has decided not to prosecute the case.  What they end up doing is assisting with law enforcement in sealing the arrest from the person's record.  So, now you don't have a record of anything.  That's obviously a great result.  You not only avoid filing, but you also get a situation where your record is sealed.

Often, if it's a weak case, the City Attorney will hold a hearing from the outset, even before filing the case, and then you won't receive a dismissal; instead, you'll get a non-file. If you can get that record sealed and destroyed, that's another bonus. This potential for success should make you feel hopeful and optimistic about your case. By handling the case effectively, you can significantly increase your chances of a positive outcome, instilling a sense of hope and optimism.

At other times, if you manage to get it into court and it appears to be a weak case, you can essentially prompt the City Attorney to reverse the process.  They've already filed the case, but they could send it back to their hearing office.  This is a rare thing, but I've seen it happen in the right case, and then the hearing office can decide that the case shouldn't have been filed.  Then, the case would be dismissed.  This is another way to get a dismissal in a case.

Jury Trial

I would say that the most common way to obtain a dismissal is if you attend a jury trial and the prosecutors aren't prepared, or if you can point out certain issues to the prosecutor. In a jury trial, a group of your peers will hear the evidence and decide if you are guilty or not guilty. If the prosecutors are not ready or if you can point out some flaws in their case, they may dismiss the case.

I've been very successful with this—that they didn't have in the original police report—because the police are pretty darn lazy. Once they make up their mind that the person is guilty, they don't really do much to investigate the other side.

So, many times, I've been able to provide other information to prosecutors who are skilled lawyers. Once they see that other information, they realize that the police didn't do a full investigation, and that information is going to blow their case out of the water. We now have an opportunity to get that dismissal that you're so infatuated with because you don't want any type of conviction on your record, which I certainly understand.

But you have to realize that, typically, when they file these domestic violence cases, you're not going to get a dismissal right away. You may be able to obtain a dismissal in the future if you comply with all the necessary requirements and avoid any further issues; however, these cases are very challenging and must be handled with great care.

This caution and awareness of the seriousness of the situation are crucial in handling your case. Patience and compliance will lead to a positive outcome, providing you with reassurance and a sense of calm.