» Entries tagged with "assault"
Prosecutorial DV Psychosis
Negotiating with prosecutors in domestic violence cases can be impossible, as the mere filing of such a case somehow instantly cements in their minds the roles each person involved the case must play. Fairly often, no amount of rational argument or actual evidence is capable of overcoming that. Even otherwise reasonable prosecutors end up absolutely convinced of their position despite overwhelming cause for doubt. This fascinating but also disturbing loss of contact with reality is something I like to call “prosecutorial DV psychosis.” Let’s start with a hypothetical domestic violence situation where there’s a recanting victim. A girlfriend called the police one night and said her boyfriend broke her cell phone. They were both drunk, and the phone was broken. The boyfriend got angry talking … Read entire article »
Filed under: Domestic Violence, Prosecutors
A Victim In The Way
From afar, I’ve been watching a colleague represent the minor victim in an assault case. The “victim” was actually the aggressor, so it behooved him to hire counsel. He and his lawyer have had quite the ride as the case has progressed. I’m sure the prosecutor told the defense attorney that the victim would not consent to an interview because almost every prosecutor does that in almost every case. They almost never ask, however, and this time I knew for a fact that was what happened. The prosecutor never once bothered to consult with the victim about anything. At most, the prosecutor just read what the cops said the victim said, probably not even listening to the actual recorded interview, then acted like an expert on … Read entire article »
Filed under: Courts, Government Rants, Prosecutors, Victim's Rights
No Pie For You
Bad manners aside, sitting at the dinner table and yelling “bring me some pie!” at your significant other while pounding your fists is probably not a criminal offense. Should you happen to have a knife in one hand while you pound your fists, however, you may be in big trouble. Significant others don’t like angry demands for pie, I’m told, and as a criminal defense lawyer, I’ve met quite a few people whose significant others love calling the police for the most trivial things. The story the 911 operator hears will invariably be embellished, and in my example, the angry companion would probably claim you somehow threatened her with the knife. She would say how scared she was. When officers arrive and haul you off to jail, … Read entire article »
Filed under: Arizona Statutes, Prosecutors
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