• Deposition Exposes Witness Credibility Issues and Secures Dismissal

Deposition Exposes Witness Credibility Issues and Secures Dismissal

By |2025-10-02T16:23:03-04:00October 2nd, 2025|Categories: Success Stories|Tags: , , |

Facts of the Case:

My client was facing serious charges – he was initially arrested for Domestic Battery and Tampering with a Witness,  which was compounded when he was later charged with a Violation of Pre-Trial
Release
for allegedly violating the no-contact order. Due to the Violation of Pre-Trial Release, a warrant was issued and his bond was revoked. With three separate charges—a seond degree felony and two first degree misdemeanors —the State was seeking to revoke his bond entirely, threatening significant jail time, and a permanent criminal record that would ruin his professional life.

Deposition as a Negotiation Tactic:

Our immediate priority was twofold: first, I successfully argued for his bond to be reinstated, securing his freedom while the charges were pending. With him released, I pivoted to an aggressive litigation strategy. I knew the entire case hinged on the credibility of the alleged victim. I immediately scheduled her deposition. My plan was to meticulously expose her inconsistent statements, provable falsehoods, and utter disregard for the court’s process, thereby destroying her viability as a State witness.

The Outcome:

The deposition was the turning point. During questioning, the alleged victim’s testimony was riddled with contradictions, and she made several statements that confirmed she was not truthful. I presented the issues to the State Attorney’s Office, arguing that they could not, in good faith, proceed with a case built on such a profoundly unreliable witness.
The State agreed to enter a
Nolle Prosequi (dismissal) on all three cases: Domestic Battery, Tampering with a Witness, and the Violation of Pre-Trial Release. This was a great win for my client and he can now move forward with his life in a positive direction.

Samara Ballard

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