This is a big question on a lot of people's minds who are charged with domestic violence across Los Angeles County, because a lot of people logically think that if the person who is accusing me of domestic violence no longer wants me to be prosecuted. If they want the case dismissed, then why wouldn't the prosecutors just dismiss it? This is commonly known as a recanting victim. 

The answer to that is that it's not the person against you; it's the prosecutors who represent the people of the state of California who are against you, and they don't want people to commit domestic violence.  As you've probably guessed by now, it's a highly political crime, meaning that they rarely let people go.  If they think you committed domestic violence, they're going to prosecute you.

It's important to understand that while There are circumstances where a change in the victim's story can lead to a case not being filed or being dismissed, these instances are rare.  Prosecutors are generally reluctant to drop cases based solely on a recanting victim.

Examples of where I've seen them dismiss a case are when the original story has holes in it and is flawed.  For example, I've seen alleged victims claim they were punched in the face by my client, and then they don't have a mark on their face.

It just simply doesn't make logical sense.  But they had other injuries on them, so the police decided to arrest him, and now they changed their story and told the truth about what really happened.  If there is evidence to support the new version and the original version had problems in the first place, that might be a situation ripe for dismissal.

Factors Leading to Dismissal of Domestic Violence Charges

Also, when the police come out, if they determine that somebody's an aggressor or somebody was injured, their policy is that they're going to arrest somebody, and that means even in bad cases where they don't have very good evidence, they will arrest somebody.

So, that circumstance is ripe if somebody changes their story, and the prosecutors might look at it and say, ' We didn't have the case in the beginning, and now that the person has changed their story, that's made it even worse for us. '

Therefore, we will not waste our time prosecuting this case if the defense is likely to prevail.  We're looking to win cases.  We're looking to get people who are committing domestic violence.  If we can't tell whether domestic violence was committed in a particular case, then we're not going to pursue it.  So, that's another situation where the prosecutors might dismiss a domestic violence case.

However, it's important to note that just because the alleged victim changes their story, it doesn't necessarily mean the case will be dismissed.  In fact, in approximately 80% of cases, the alleged victim may attempt to alter their story to assist the accused, often due to a personal connection. This statistic underscores the importance of a thorough legal defense in domestic violence cases.

Whether it be a relationship, a money connection, or whatever the case may be, that person now will have a change of heart and want to undo the arrest and want to undo the fact that their significant other is now looking at jail time, a criminal record and a host of other problems that they don't want them to have.

Therefore, a significant portion of criminal defense, particularly in domestic violence cases, is logical and commonsense-oriented.  What you need to do if you or a loved one has a domestic violence case pending and you need help.

You have to go with an attorney because the attorney will be able to look at every neutrally — look at your side of it – look at the prosecution's side of it and use their own experience to determine whether you can win or not, whether this is the type of case that the prosecutors might dismiss or if there's no chance the prosecutors are going to dismiss it.  The attorney, obviously, has to have the integrity to tell you.

That's why I get very frustrated sometimes when people call me and say, 'Well, this attorney said this,' or 'this person at a law firm answered the phone and told me we could do this.' '

Meanwhile, there's no way that person should be saying that because they don't really have the full story. They don't have all the evidence, including pictures of any injuries or witness statements, and they're relying solely on what the person is telling them without conducting any investigation. The person is giving them information from a position of fear and from a position of trying to help themselves.

I've even had people call attorneys and not even mention the case, and the attorney is already telling them defenses they can use, even though the attorney doesn't know any facts about the case.  If you get in that circumstance, you probably don't want to go with that attorney.

When it comes to domestic violence cases, honesty and realistic expectations are key.  As your attorney, I will always be straightforward with you.  I'll give you a clear understanding of what you're up against and whether your case is likely to be dismissed. This transparency will empower you to make informed decisions and feel more in control of your situation.