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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27109
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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3rd degree felony domestic fl...absolutely no evidence

Customer Question

3rd degree felony domestic fl...absolutely no evidence including photos or any physical abuse
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


I'm sorry to have to contradict you. There IS evidence against you. Domestic violence cases are frequenlty he said/she said matters. The words of one witness -- in this case the complainant -- are considered evidence. And if your case goes to trial a jury will be instructed that the words of one witness in and of themselves if believed beyond a reasonable doubt will be legally sufficient to be a basis for a conviction.

What you're saying is that this is a weak case because there's no corroborating evidence that supports the complainant's story. That much is likely true. But DA's can get convictions on one-witness cases. No trial is ever a slam dunk for either side.

Have you been charged with this felony? Has it been indicted yet? What's the question that you want to ask?

Customer: replied 1 year ago.
No...the defendant is adament about not wanting charges filed nor that there was any harm caused...was one if those 'we need to arrest somebody' kinda things...their report is absolutely fictitious and the defendant is willing to sign a waiver saying so
Expert:  Zoey_ JD replied 1 year ago.

Are you sure you mean the defendant? That is, don't you mean the alleged victim?

The problem is that police have no discretion on domestic battery cases. They have to make an arrest. And once they do, it's not the complainant's case any more. It belongs to the state prosecutor who can continue to go forward if they wish to, whether the complainant wishes to or not. If the complainant didn't involve the police, who did?

And I'd also still like to know the question you wished to ask about this situation.