State v. AH

A.H. was involved in a very toxic relationship. As often happens in those relationships, arguments and altercations escalated and became worse. One day, while one of these altercations took place, his partner decided to call the police and falsely report an assault. A.H. was adamant that he had not assaulted her in any way and that she was using the law as a weapon against him.

Our office was retained. When we were first hired, there was a warrant out for A.H.’s arrest. We filed a motion to quash the warrant, which was granted. Next we obtained the discovery (evidence). Upon reviewing the evidence, it became clear that the only evidence that could be used against A.H. were the alleged victim’s statements. All other evidence would be inadmissible hearsay.  After reviewing the evidence, I spoke to the prosecutor about the case. I expressed my belief that the State would have a difficult time proving my client’s guilt beyond a reasonable doubt. I made it clear that my client would not be pleading guilty to domestic assault and we intended to fight these charges at trial. A..H. had made it clear to us that the alleged victim was not an honest person and her statements would not be credible. I asked the prosecutor to speak to the alleged victim and dismiss the case if her story appeared unreliable.  Within weeks of that phone call, we received a notice that all charges against A.H. were being dismissed.