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How much is the conviction rate in "He Said / She Said " domestic violence case after the jury trial ?

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How much is the conviction rate in "He Said / She Said " domestic violence case after the jury trial ?

I have heard Juries are very reluctant to convict in a "he said/she said" case and prosecutors are reluctant to bring such cases before a jury for this reason and the cost of a jury trial. So prosecutors always try to add lot of charges & scare you so that you are tempted to take their plea agreement.

Attorney Answers 6

Posted

DV cases are about what is the independent evidence. Photos of injuries, previous alleged DV, witnesses etc. These cases are very fact specific. It is key that you hire the best locally experienced criminal defense attorney to represent you that you can afford. You should obtain a free consultation as soon as possible.

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply

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Posted

no injuries or witnesses in this case . no previous history or any criminal record . its just "he said / she said" case. Would it be good idea to take it to jury trial ?

William Peter Daley

William Peter Daley

Posted

Whether or not it is a good idea is something that you need to discuss with your attorney. He has all the evidence and (if he's experienced) knows the law and what your best choice would be. http://www.lawofficeofwilliamdaley.com/Criminal-Defense/Domestic-Violence.shtml

Mark Lawrence Deniz

Mark Lawrence Deniz

Posted

I agree with Mr. Daley.

Posted

Facts control a case. You need a lawyer to help bring the facts out. Trial is the last option; there may be other ways out.

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Posted

Not sure who you're getting your information from, but it is not accurate. Most DV cases are he said/she said cases, rarely are there other witnesses to what happened. The prosecute these cases daily in San Diego. Your best defense is an experience local attorney who knows the in's and out's of DV cases and can minimize your exposure.

William Daley (619) 238-1905 / www.lawofficeofwilliamdaley.com

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Mark Lawrence Deniz

Mark Lawrence Deniz

Posted

They arehe said/she said cases....however, the independent evidence is key. Independent evidence can be a number of things....including witnesses. Above I listed photos and such as some examples of independent evidence. These (along with other factors) usually determine issuance.

Posted

Most DV (and sex cases) are "he said/she said" cases where there are no independent witnesses to the battery or sexual assault. While there may be "independent evidence" of injury (photos, medical evidence, etc) this surely doesn't prove who caused this to occur, whether it resulted from consent and can almost never a sustain a conviction without the alleged victim's live testimony (assuming there is no independent eyewitness to the alleged event). That said, I don't agree with your assumption that juries are very reluctant to convict in "he said/she said" cases; if they were there wouldn't be so many convictions in DV and sex cases. If the alleged victim takes the stand and the jury believes that he/she was battered or sexually assaulted, the jury will convict. There is much a good an attorney can do to undermine the alleged victim's credibility however so it is not hopeless if the alleged victim continues to tell a consistent story. I'm not aware of reliable numbers regarding DV conviction rates in San Diego but even if they exist surely there is an element of self selection where the worst cases result in pre-trial dismissals which skews the "conviction rate". Hire the best San Diego criminal attorney you can afford and allow him/her to investigate the matter and fight for your rights. Best of luck.

For a Free Consultation Call: 408.516.4645

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Posted

I agree with my colleagues in general but the person who started the case by calling 911 is usually the person the jurors believe. That doesn't mean you can't win but the first one to telephone the police has an advantage, particularly if it's the woman.

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Asker

Posted

Girlfriend reported this in the absence of boyfriend ( he was out of home at work ) citing some incident of one week back where there is no visible marks of injury. Still she has same credibility ?

John M. Kaman

John M. Kaman

Posted

The greater the time between the incident and the call to the police the less credibility. In a week any marks could have gone away.

Posted

Less speculation and more proactivity on your part. Hire the best, locally experienced criminal defense attorney you can afford to protect your interests and decrease the conviction rate!

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