Won Domestic Violence Misdemeanor Jury Trial on 8/9/2013


130809 DVM win belt

On August 9, 2013, I won my first jury trial, a 2-day trial regarding an adult male who had a proximity and contact violation of a temporary restraining order that protected an adult female. The State’s complaining witness and defendant are… ex-girlfriend and ex-boyfriend. It was a “he said, she said” case with both of them telling different stories, but I was able to win a pre-trial voluntariness hearing to get a statement the defendant said to an officer: “I was there but I never said anything.” I also got evidence showing his proximity and contact violations using testimonial and photographic evidence. On the witness stand, I got the Defendant to say he understood the temporary restraining order. The defendant’s proof of service was stipulated. In my closing argument, I emphasized that the defendant was making excuses in violating the temporary restraining order to overcome his mistake-of-fact defense. My win-loss record in Domestic Violence Misdemeanor law is 1-2. I was told by many attorneys that domestic violence misdemeanor are the most difficult cases to win in criminal law because juries can be forgiving where there’s intimate relationships, minimize the offense, blame victims, and have biases against women victims, and there are the obstacles of having recanting victims, uncooperative victims, no or little visible injuries, “he said, she said” scenarios with opposite stories by both sides, and other challenges. Our team of 6 attorneys in the Domestic Violence Unit has won 3 times in the last 3 weeks, once each week. The belt hanging in front of my office is displayed in front of an attorney’s office who won a trial and is transferred to the next attorney who wins. Each star on my name plate represents every time I won a motion of judgment of acquittal by the defense after the State rests upon finishing its witnesses where we must prove that the State has met all the elements of the offense and has a primary facie case to continue on. I have one trial that must be re-tried.See More

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