Suffolk County domestic violence lawyer Jason Bassett (https://jbassettlaw.com/why-would-a-domestic-violence-case-be-dismissed-in-new-york/) releases a new blog post that discusses how a domestic violence case is dismissed in New York. The lawyer mentions that the state of New York takes domestic violence very seriously.
According to the Suffolk County domestic violence lawyer, “In New York, domestic violence is considered a serious crime, so much so that police are now required to make a mandatory arrest for any domestic violence call if they have probable cause to believe that violence has taken place.”
The lawyer discusses that even if an accuser retracts their statement, as long as there is probable cause, an arrest can still be made. According to studies, countless false domestic violence allegations are made each year. No matter if the statement is true or not, the defendant will have to be arrested and go through the legal process.
Attorney Jason Bassett also says that since domestic violence is a criminal case, only the state is able to file the case and only the state has the power to drop them. The accuser may have a vital role in the case, but they have no authority to get the charges dropped.
In the new blog post, the domestic violence lawyer explains that a domestic violence charge may be dismissed due to some factors. One of these factors is if the accuser has a history of false accusations. Since accusations can be made in heat of an argument, the defendant’s lawyer may investigate if the accuser has a history of false accusations.
Additionally, attorney Bassett says that another factor that can get a domestic violence charge dismissed is if there is a lack of evidence. There is a high standard for proof when it comes to domestic violence cases. The evidence must be consistent with the statements of the witnesses and the claims need to have sufficient proof such as photos, medical records, etc.
Furthermore, a domestic violence charge can also be dismissed if the accuser recants their statement. If the victim admits to lying in their accusation and there is no further evidence that the crime took place, the case may be able to get dismissed.
Lastly, attorney Bassett encourages those who are accused of domestic violence to seek the guidance of an experienced domestic violence lawyer. A skilled lawyer may be able to help the defendant understand their options and where they stand in the case.
About Jason Bassett Criminal Lawyer
Jason Bassett, Esq. has dedicated his practice to defending the rights of those who are accused of domestic violence. He puts his unique perspective as a former prosecutor to work and provides the best legal assistance he can give to his clients. Mr. Bassett brings a unique combination of skill, experience, and zealous advocacy to provide his clients with the best possible outcomes. Contact him today to schedule a consultation.
SOURCE: Press Advantage [Link]
Criminal Attorney Jason Bassett is an experienced NYC area prosecutor now fighting for defendants in Suffolk County, Nassau County, and Long Island.