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Dismissal - The District Attorney's Office.
Client: Prominent real estate developer charged with assaulting his wife, while their very difficult divorce proceeding was pending.
Criminal Charges: Assault in the 3rd Degree.
Result: The Manhattan District Attorney ultimately Dismissed the criminal charges, over the complaint’s very strong objection. After reviewing all of the material presented, the DA’s Office dismissed the case the following day.
District Attorney’s initial Position: The client had been arrested and charged with misdemeanor assault and harassment here in New York County. The DA’s Office’s initial offer was a plea to a non-criminal violation, with a two-year order of protection granted in favor of the complainant wife.
Key Problem: The Client was nearing the end of a very expensive and nasty divorce in Family Court. A plea, even to the non-criminal violation, would have been problematic. The Family Court Judge was waiting to see what the final criminal court result would be, before signing off on a settlement.
My Office’s Approach: I was able to convince the assigned Assistant District Attorney (ADA) and his supervisor, to essentially try the case in their office, without the risks involved in a criminal court jury trial.
I brought the client in to speak to the ADA directly twice. A member of the household staff, who had been present at the time of the alleged incident, also met with the ADA. A video of the complainant, showing her in an aggressive posture at a family event, was also turned over to the DA’s Office.
Final Analysis: A prosecutor’s obligation to do justice, in the right case, can be a powerful concept. For experienced defense counsel, the same evidence that would be presented at trial, can often effectively be presented to the District Attorney’s Office directly to obtain a just result, in this case a dismissal.
A success in all respects for the client and his infant daughter.
Criminal Charges: Assault in the 3rd Degree.
Result: The Manhattan District Attorney ultimately Dismissed the criminal charges, over the complaint’s very strong objection. After reviewing all of the material presented, the DA’s Office dismissed the case the following day.
District Attorney’s initial Position: The client had been arrested and charged with misdemeanor assault and harassment here in New York County. The DA’s Office’s initial offer was a plea to a non-criminal violation, with a two-year order of protection granted in favor of the complainant wife.
Key Problem: The Client was nearing the end of a very expensive and nasty divorce in Family Court. A plea, even to the non-criminal violation, would have been problematic. The Family Court Judge was waiting to see what the final criminal court result would be, before signing off on a settlement.
My Office’s Approach: I was able to convince the assigned Assistant District Attorney (ADA) and his supervisor, to essentially try the case in their office, without the risks involved in a criminal court jury trial.
I brought the client in to speak to the ADA directly twice. A member of the household staff, who had been present at the time of the alleged incident, also met with the ADA. A video of the complainant, showing her in an aggressive posture at a family event, was also turned over to the DA’s Office.
Final Analysis: A prosecutor’s obligation to do justice, in the right case, can be a powerful concept. For experienced defense counsel, the same evidence that would be presented at trial, can often effectively be presented to the District Attorney’s Office directly to obtain a just result, in this case a dismissal.
A success in all respects for the client and his infant daughter.