Facts:
My client and his wife are married and were at home drinking. Also present was my client’s best friend. All three drank excessively and the night got out of control. My client started getting upset with how his friend was talking to his wife and an argument started. During the argument, it was alleged that my client wrestled his wife to the ground. My client left the home and the friend called the police. The police responded and eventually arrested him for misdemeanor domestic battery. He was taken to the Pinellas County jail and released with a CAM ankle monitor.
The Case:
The allegations in the arrest affidavit made my client seem like he was out of control. I immediately had him enroll in the Batterer’s Intervention Program, which is the anger management for domestic violence cases. I also spoke to his wife, who did not want to prosecute. I had her sign a request not to prosecute. I then submitted a letter to the prosecutor explaining the situation and showing proof that he was in counseling.
The Result:
It took two months, but the charge was dismissed. My client and his wife are now back at home and working on their issues. They were very happy with the dismissal of the domestic battery charge.
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