For most attorneys, taking on one case is a lot of work. For Thomas & Paulk, taking on four was not an issue when they were able to successfully win four domestic violence cases on January 14th, 2013. The firm took on one case where a client was charged with a felony
domestic violence crime. Specifically, this client was dealing with a potential sentence for battery by strangulation.
The client said that his fiancé called her father at a law enforcement agency and claimed that he choked her during a heated argument. Naturally, the father was defensive and wanted to protect his daughter from harm, so he was able to dispatch police to head to the home. Upon arrival, the police arrested this client. He claimed that the young woman had hit him during the argument and showed marks which testified to this fact.
Many times a domestic violence situation is a “he said, she said” situation. If there are no independent witnesses to the incident many times the police will be forced to decide who they believe, if those officers know one of the parties this can further complicate the situation. In most domestic violence calls one of the parties will be arrested as that is the policy of most Florida law enforcement agencies. In most of these cases the police will arrest the male involved in the incident.
Because of this common situation, the attorneys at Thomas & Paulk knew that their client was probably being held in prison without just cause. As a result, the Tampa criminal defense lawyers from Thomas & Paulk decided to have an in-depth conversation with the victim. She eventually admitted that she was the aggressor in the case and that she was never strangled and the client had acted in self-defense against her. She admitted that she only called her father in order to get revenge. The state attorney agreed to drop all charges against Thomas & Paulk’s client as a result.
On the same day, Thomas & Paulk had three client’s that were about to go into trial for domestic violence instances. In all three cases, the firm had exculpatory evidence that was provided to the Office of the State Attorney for review, Thomas and Paulk had also acquired victim waivers from two of the alleged victims who declared that they did not want to go one with the trials. On the morning that the trial was supposed to take place, the State Attorney declared that it could not go through because of the waivers and evidence and the case was dismissed as a result.
Many times the State will refuse to dismiss a domestic violence case even when the alleged victim asks that the State drop the charges. The State will still attempt to prove the case in order to force the defendant to complete 26 weeks of domestic violence classes. Thankfully, the aggressive lawyers at Thomas & Paulk were able to prove that their clients should not have to withstand the rest of the trial. If you are charged with domestic violence it is important that you speak with an experienced criminal attorney.
At Thomas & Paulk, P.A. the attorneys have handled hundreds of domestic violence cases and always fight to protect their client’s rights. With successes like these on a regular basis, Thomas & Paulk are devoted to the highest quality of criminal defense that they can produce. While they cannot guarantee that they will win every case, they will certain work hard to try. If you need more information, then you can call the firm today at (813) 321-7323.