DA files charges when they feel there is sufficient evidence. They often are concerned with protecting the "victim". Jury is the fact finder, not the DA nor the judge.
Nobody can stop the DA from filing charges. That why there are juries. Take it to the jury and let the jury decide. Your brother might need an immigration attorney as well it appears.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
Just because the DA filed charges does not necessarily mean his attorney is doing a bad job. The DA have interviewed the wife who said all sorts of things and could be a compelling witness. You said they have "no evidence" but the testimony of his wife, even if false (because they don't know it is) is evidence. Your brother should communicate with his attorney and see what is going on. People sometimes expect attorneys to be miracle workers, but we are not, and sometimes the wheels of justice move slow and you have to just deal with it, as hard as it may be. Tell your brother to hang in there and communicate with his attorney, but if he feels his interests are not being represented by the attorney, he may want to speak with a few others to see if his concerns are valid or not. Good luck.
Michel & Associates, PC
All my comments here are intended for general legal purposes. None of my comments here establish an attorney-client relationship with anyone. None of my comments should be relied on in taking legal action without first consulting an attorney.
Criminal defense lawyers cannot usually prevent charges from being pursued unless the DA is willing to listen, and usually they aren't. Conflicts between witnesses is why we have jury trials.
A criminal lawyer who will defend your brother with zeal once the DA files. A criminal lawyer does not control whether the DA or city prosecutor decides to file; a criminal lawyer can try to dissuade a prosecutor from doing so, but it is not in his or her utter control or power to preclude the filing. Prosecutors file domestic violence matters ROUTINELY with injuries and ONE complaining witnesses' story. Yes, that is our system unfortunately and yes, a good prosecutor can often win a jury trial with her testimony and injuries [whether by picture and.or officer/witness observation]. The only thing we can do is fight and destroy her credibility at jury trial or muster up EXTREMELY compelling evidence that shows the complaining party is not credible; even then, if the evidence destroying her credibility is not discoverable to the DA BEFORE trial, a defense lawyer runs the risk of letting an unreasonable DA know what we got and intend to use at jury trial [stuff that we as defense lawyers may be able to hide from the prosecutor until she is actually on the stand]. Thus, we really need to know who our DA is and do everything in our power to destroy her credibility and protect the client's case. Showing the DA our cards when we don't have to can be a major risk- the DA may say, "Ok, try it then" and now knows what we got when we could have hid it until she is on the stand. In some rare situations, the DA may be convinced and dismiss/announce unable to proceed [same thing] with such compelling impeachment evidence .... still a risk. The lawyer must know who/what DA he or she is dealing with and get that compelling evidence to show she is not to be trusted beyond a reasonable doubt; this way, the lawyer is ready regardless of how he or she decides to tactically proceed. In short, all we can do is fight and exercise our constitutional rights when/if the DA files and it is NOT the criminal lawyers' fault that he or she could not "stop" the DA from filing. Please note that great criminal lawyers try to dissuade filings all the time and do so unsuccessfully more times than not. Just hang in there and fight.
An attorney cannot stop a DA from filing charges. The decision to file charges is the sole prerogative of the DA and is based on whether the DA feels there is enough evidence to secure a conviction. The statements of the wife ARE evidence.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.