Unfortunately, domestic violence
incidents are never particularly easy to get dropped. It's because the whole issue of domestic violence is a politically hot topic, and no judge or prosecutor wants to look soft on this sort of crime.
I don't know if you are the defendant or the complainant here but, before a domestic matter will be dismissed, the complainant has to tell the prosecutor that he/she is not interested in testifying against his/her spouse and will not be cooperating. The prosecutor will try everything he can to change the complainant's mind, but if there are no injuries and no witnesses they need the complainant to make the charges stick. So if the complainant keeps on saying that the incident was nothing more than a drunken misunderstanding, eventually, and with the assistance of the defense lawyer, it should go away.
But my experience has been that it won't be a quick dismissal. Prosecutors know that complainants frequently just want to drop a case because they are afraid of retaliation by their spouse if they continue to press charges. That's a known phenomenon with these types of cases. So to rule that out, they try to keep the case alive for as long as they can. In that way, the complainant gets a protective order and the state gets to make sure that the complainant isn't at real risk. I don't think your lawyer is ripping you off just because he can't meet your time frame. He probably thinks perhaps that as a former prosecutor in the same county, he could get this matter dismissed more quickly because he knows people in the office. But domestic violence cases are a breed apart. You can certainly find another lawyer, but I doubt that the matter will resolve any quicker.
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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Edited by FranL on 10/2/2009 at 1:45 AM EST