Why Conflicting Stories Matter For Defense In DV Arrests

Ray Hrdlicka – Host – Attorneys.Media

“If it is, where one party says, ‘he pushed me, she pushed me’, etc., and an arrest is made, isn’t it then a he-said she-said, or vice versa, situation? And the DA…whether…the district attorney, has to make a decision whether of not this is prosecutable and winnable. I would assume.”

Stuart Kirchick– Criminal Defense Attorney – San Jose, CA

“Yeah, absolutely. And a lot of these cases end up being, he-said she-said, very common. And even in situations where it’s more serious than a push. But maybe there are no marks left. There’s no black eye, there’s not red face, no…nothing like that. And yeah, the DA’s office will have to make a tough determination. Maybe they won’t file on it. Maybe they will file on it and just see how it flushes out in court, you know. Maybe they’ll charge a domestic battery and end up settling it for a disturbance of the peace. Take anger management, and the case will be dismissed, something like that.”