What is an affidavit of non-prosecution? As an attorney who handles domestic violence cases I am frequently asked this question. An affidavit of non-prosecution is simply a follow-up statement by an alleged victim in which he or she is given the opportunity to express to a prosecutor his or her desire in prosecuting the defendant, […]
November 29, 2012 By Leave a Comment
Emergency Protective Order in an Assault Case
An abundance of caution is the approach the law takes with allegations of family violence. This is especially true immediately following whatever altercation took place that landed a person in jail. Chapter 17 of the Code of Criminal Procedure describes the legal process through which a person can be released from jail on bail, with […]
October 3, 2012 By Leave a Comment
Investigating a Misdemeanor Assault Case
3 things that are usually true about assault cases: At least one person acted irrationally They are centered around a conflict involving emotions or personality The police were not there to see it With these three things as a foundation, it is no wonder why many people charged with Assault find the decision to be […]
August 23, 2012 By Leave a Comment
When Are Assault Cases Dropped?
The general public commonly misunderstands who holds the power to decide whether a case will be prosecuted. Sometimes people call the police to prove a point or send a message without intending to “press charges.” Much to everyone’s dismay, there is much less to the concept of “pressing charges” than is portrayed on television. In […]
January 30, 2012 By Leave a Comment
Why Assault Family Violence (Domestic Assault) Cases Are More Serious Than They Appear
Sometimes the role of a defense attorney is to help a client manage consequences. Obviously, being versed in the consequences of different types of cases is an important part of that role. When it comes to Assault Family Violence (AFV) cases, the sad truth is that criminal record implications are not well understood–even by some […]
