Common Issues in Domestic Violence Cases

Although every case is different, many clients come to Domestic Violence Lawyers Murat Erkan and Ryan Sullivan with similar questions and experiences.

My Girlfriend (or Boyfriend) is not Going to “Press Charges”

Probably the biggest misunderstanding in Massachusetts domestic violence cases is the belief that a victim of a crime can drop the charges. Criminal defense attorneys Erkan and Sullivan have had this conversation more times than we can count. In Massachusetts courts, the State or Commonwealth proceeds against individuals charged with domestic assault and battery. The state is represented by prosecutors in the local district attorney’s office who work with the police and victims to get convictions. Even if the listed victim of a crime wishes to drop the charges, the state may (and almost always will) go forward with the charges without the victim – sometimes threatening to arrest the victim if they do not cooperate. We have a tremendous amount of experience in representing clients when the state is trying to go forward on charges without a victim or with a reluctant witness.

Case example: We represented a client in the Lowell District Court charged with a series of domestic violence offenses in Chelmsford, Massachusetts. The victim in the case denied that she was attacked by our client and did not testify at the trial. The prosecutor in the case tried to go forward with the testimony of an unrelated witness and a 911 telephone call. Result: We were able to convince the judge that the telephone call should not be admitted into evidence and the case was dismissed.

Wanting to Tell Your Side of the Story

Many people who are accused of a crime want to tell the police their side of the story. This is almost always one of the worst things that can be done. When you are the suspect in a crime, talking to the police will lead to evidence being used against you. This is true whether you committed the crime or not! An innocent client will often feel that telling their side will quickly end the case. We have witnessed all too often that this ends up hurting clients who reveal their defense strategy and allow the witness to “change” their testimony to fit the defense. We look at every case – no matter how big or how small – with the same desire to come up with a winning strategy. Our philosophy is to keep this strategy quiet until the last minute.

Case example: We represented a client charged with domestic violence in the Lowell District Court. The client, believing that he had done the right thing, told the police what he believed was enough to end the case and disprove the allegations. The victim, after learning this information, corrected his earlier statement to fit the new information the client had provided. The prosecution moved forward with the new information and sought a conviction. Result: case dismissed. Although we prevailed, the risk of conviction would have been significantly reduced had our client decided not to talk.

What About a Continuation Without a Finding

There is an option in many cases for the possibility of a continuation without a finding (when the judge orders a period of probation without finding a defendant guilty). This is a good result, but not always the best. Many believe that taking a continuation without a finding can end the case early and avoid the hassle of going to court and fully fighting the case. The problem is that a violation of a continuation without a finding can result in guilty findings, felony convictions, and even jail time. For non-citizens, this result still counts as a conviction and can lead to deportation. With that in mind, we have convinced many clients to push towards a trial. Many times the result is that the case is dismissed or the client is found not guilty at trial.

Case example: We represented a client in the Ayer District Court who was charged with kicking his fiancé in the head several times. The woman denied that she was kicked, but an employee of a local business told the police that he saw the entire crime. The client wanted a continuation without a finding, but we pushed for a trial. Result: not guilty verdict after a jury trial.

Call a Skilled Domestic Violence Attorney Today

Attorneys Erkan and Sullivan have handled domestic violence cases throughout the state including in Lowell, Ayer, Concord, Lawrence, Woburn, Haverhill, and Newburyport District Courts as well as the Essex and Middlesex Superior Courts. Call us today to schedule a consultation if you or a loved one is dealing with any of these issues, or have other questions regarding domestic violence charges.