Pomona Domestic Violence Attorney Ty Martinez Discusses Why Charges May Have Been Dropped In Recent Pomona Domestic Violence Case

13Aug12

When a couple gets into a fight and they both get arrested for domestic violence, the case becomes problematic for the District Attorney’s Office. The reason for this is simple, a defense to domestic violence is self defense. If the arresting agency cannot determine who was the aggressor, and then in an abundance of caution, arrests both parties, they have effectively created reasonable doubt for a jury.

If the case went to trial, how would a jury determine who the initial aggressor was? How would they determine who was defending themselves? Unless there are independent witnesses, or some other form of damaging evidence against one of the parties, arresting both simultaneously ultimately helps the defense.

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