Six domestic violence cases dismissed in four weeks
My firm handles a lot of domestic violence. It is a complex area of the law and in my opinion, there are too many lawyers in New Jersey that don’t fully understand how to handle these cases. Instead, they just wing it like every other case that often leads to some horrible results. While we win a large number of our cases, we have secured six wins in four weeks.
There are three type of domestic violence cases: restraining orders, violations of restraining orders and criminal charges such as assault and harassment. Among the six cases, we had two of each.
Two clients had temporary restraining orders against and both were dismissed before they were made final. Needless to say, both clients are very thankful that they do not have to deal with a final restraining order which can be life altering, especially if children are involved. I (Jef Henninger) handled both cases.
Two clients were also facing assault charges. One client was facing charges for assaulting his sister and the other was accused of assaulting his wife. The client with the charges pressed by his wife has a great job that would have been in jeopardy if convicted. I (Jef Henninger) handled both of these cases.
Two other clients were facing contempt charges for violating final restraining orders. (they did not hire me for the final restraining order hearing, although they now wish they did). Both clients were alleged to have called the victim. When I asked for the phone records, both prosecutors expressed surprise that I would want something like that! It took quite a while to work these cases out as a result.
In the first case, the State refused to provide us with the records and since the case was getting old, it was dismissed. In the second case, I had actually got the case dismissed first in Newark Municipal Court as it was filed improperly. After it was refiled, I fought against it again. Like the other case, I pressed for the phone records. When I got to court for the second court appearance, I met the prosecutor in the elevator. She took the case over from another prosecutor. By the time I got to the 9th floor, she agreed to dismiss the case against my client. I handled the first case, but my associate Jennifer Marshall finished it for me.
While every case is different, you can clearly see that my firm has a track record of aggressive litigation that produces results. If you want an attorney that will fight for you, give me a call today.
Where’s the bargain?
As I’m sitting in Domestic Violence court fighting to get my client’s guns back, I’m watching a large group of people enter pleas to violating a restraining order. Funny thing is, the plea arrangement is the exact same thing they would get if they went to trial and lost. In other words, they are giving up their rights and the chance to play with the house’s money since they have nothing to lose. Why would anyone do that?
The answer is easy, belly-up attorneys. Too many attorneys see this profession as an easy way to make a little money instead of a profession where we are defending people; no, more like fighting for people. Whenever I get a deal like that, I ask the prosecutor, “so if my client went to trial and lost, he would get the same thing?”. The reply is always yes. I then say “why would my client pay me to get the same thing that he could get on his own?”. There is never a good answer to that question.
Of course, they only make that offer because many attorneys advise their clients to take it. Even if you have no shot, why not go to trial, have some fun and make everyone work for it. And hey, you never know who will not show up, forget something, make a mistake, etc. If your attorney is not fighting for you, it is time for a sit down with him or her or possibly time to get a new attorney before its too late.