Our client was charged with two felony counts for battery on an elderly person after two family members made an allegation that he struck them during an argument. In our review of the evidence, we obtained a copy of a 911 call where we were able to prove to the State Attorney that our client was the victim in the case and that he had been the one to call 911 to report his family member for hitting him. Based on a review of all evidence it became clear that the alleged victims made false statements to the reporting Deputies because they feared that they would be arrested.
Our office was able to speak with the State Attorney during what is known as the intake of the case. Intake is the process where the State Attorney reviews case to decide what charges will be filed against a person who has been arrested. After we provided evidence of our client's innocence to the State Attorney they decided not to charge our client with any crime. He never had to appear in court.
If you have been falsely accused of a crime, it is imperative that you have an attorney represent you during this process. The defense of your case should begin as soon as possible after your arrest. We find that many people charged with a crime make the mistake of not speaking to an attorney until after they receive their court date. If you wait until after you receive a court date to speak to an attorney your attorney will not have the ability to speak to the State Attorney about not charging you or about charging you with lesser charges.
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