Legal Question in Criminal Law in Nevada

domestic battery

I was recently charged for domestic battery, there were no injuries and neither party wanted to press charges. This is my first offense, if I attain a lawyer is there anyone the case could be dismissed?


Asked on 5/11/07, 8:07 pm

1 Answer from Attorneys

Joseph Scalia Joseph A. Scalia & Associates

Re: domestic battery

The case is not about you or the other person dropping charges. It is really the State (or City) who has filed the charges against you. The other person is merely a witness. The problem is, once someone calls the police- you have problems.

Here is the process in my office:

1) If you retain us prior to your first court date- you do not have to attend. An appearance will be made on your behalf and a not guilty plea will be entered.

2) Sometime after the plea we obtain the discovery. This is ususally the police reports, the 911 call, and all witness statments.

3) We will make an appointment with you to discuss the circumstances of the case.

4) We have a trial date. (Skipping much between 3 and 4). Anyway at the trial date it is either negoatiated to the satisfaction of my client or we put on the trial.

Only under the rarest of circumstances, will I allow a client to plead to a domestic battery. Many of my clients have serious immigration and child custudy issues that would be jeapordized by pleading guilty- so don't do it.

Joseph Scalia

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Answered on 5/11/07, 11:49 pm


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