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Domestic Violence Dismissed

A Domestic Violence Attorney can get the Case Dismissed

Things are spiraling out of control. Now the most important person in your life cannot come home. They cannot see their children. How can the Court keep children away from their parent on just the emotional words of one person? You do not want to “press charges” but now it turns out you are “just a witness” for the government. It is not up to you. Your family, your home, your whole life has been turned upside down and you feel powerless.

A domestic violence attorney can get the case dismissed.

When your case is dismissed the no contact order goes away. The family can be together again. Children can see their parent. Your house can be a home again.

Contact Smith & White, PLLC now

A domestic violence attorney at our firm can get the case dismissed.

The most common way that a case is dismissed is that the prosecution is unable to proceed. This usually means they cannot contact the alleged victim of a case. This usually results in dismissal without prejudice. Dismissal without prejudice means they can restart the case later. Usually if they get into contact with the alleged victim because of a new domestic violence allegation.

Sometimes a domestic violence attorney can get enough evidence suppressed, usually for violating a Constitutional Right, that the remaining evidence is not enough for the government to go forward. This also results in a dismissal. This dismissal is more likely to be with prejudice.

The least common, a method, that should still be considered every time, is a Knapstad motion for dismissal. A Knapstad motion is a motion to dismiss because even if the allegation were true there would still be no crime. It should be noted that Knapstad motions do not consider affirmative defenses, defenses that the accused through his attorney must at least raise and sometimes prove. So, clear consent or self-defense cannot technically be the basis for a Knapstad motion.

Dismissals can happen per agreement. Many courts offer Pretrial Diversions, Stipulated Orders of Continuances or other diversions that result in dismissal. These agreements can be good because they are guaranteed ways, assuming you comply with the conditions, of getting the dismissal. However, it should be noted that Washington State Patrol usually will not expunge a record of arrest for a dismissal based on such an agreement. Also, the agreement will be visible to anyone who looks at the court record. They will be able to tell that the case was dismissed per an agreement and not because there was insufficient evidence against the accused.

There may be other reasons to get a case dismissed. These are the major reasons for having a case dismissed.

If you need a result that clears your name and cannot get a dismissal then you may need to go to trial. A “Not Guilty” means the jury decided there was not enough evidence to convict you beyond a reasonable doubt. This is your ultimate chance to clear your name in a domestic violence case.

Contact a domestic violence attorney at Smith & White, PLLC to work on getting your case dismissed.

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I was represented by James White and have been nothing but satisfied with the outcome. Jame is very efficient and eliminates much of the stress that the judicial system can place on an offender. I am very grateful to have such a great attorney and owe him my gratitude for helping me when times were rough. Not only is he professional, but he is also someone you can talk to on a personal level. I highly recommend James White and would undoubtedly use him again in the future. If you are in search of an attorney, do yourself a favor and have the law offices of Smith & White represent you. Mike D.
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I contacted James after my charge for reckless endangerment, and right from the start he was informative and reassuring. James worked hard to get me the best possible outcome, and was always very quick to return a call or text. He was straightforward and honest with me about my case, explaining both the good and the bad in a way that was reassuring without being misleading. Overall, I highly recommend Smith and White to anyone who is looking for the most professional representation in their legal matters. Matthew B.
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Attorney James White was a beacon of hope for me at a time when my options appeared limited and the likeness of a satisfactory resolution seemed close to nothing. Not only was he able to defend me in a specific sticky situation in which I hired him for, I felt as though he also went above and beyond in efforts to provide me with the best outcome possible. His calm and professional demeanor offered such a great assurance to myself and those I care about around me. I am completely grateful for his service and I most definitely recommend Mr. White. Leyasha J.
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Derek Smith guided us through a troubling legal situation with absolute professionalism. This was my first experience with a trial situation and Mr. Smith was able to address all of my questions and concerns in a way that helped address some of the fear I had regarding the legal system. Mr. Smith was highly effective during the trial and the result ended up in our favor. Legal troubles are scary and it was great knowing we had a fantastic legal team on our side to help navigate the somewhat confusing situation. My wife and I emphatically recommend this law firm. Steve B.
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Mr. Smith was wonderful to work with. He was professional, knowledgeable and effective!! He takes the time to listen, which is amazing and can be a hard quality to find! He is informative and straight forward, which I truly appreciate! He was quite helpful on another matter that I asked his advise on. Thank you!!! Melika