This is a significant issue that frequently arises in domestic violence cases in Los Angeles and the San Fernando Valley. Many of my clients report that their significant other is unwilling to cooperate, often believing that this non-cooperation will lead to an automatic victory in the case. However, the legal reality is more complex.
Unfortunately, this belief is not accurate. Prosecutors have numerous strategies for handling cases where a witness, often the alleged victim, changes their mind and no longer wishes to see their significant other prosecuted. This change of heart could be due to financial reasons, a realization that they may have exaggerated their story, or other personal factors. Prosecutors often struggle to determine the sincerity of a recantation, typically assuming it's an attempt to help the other person.
The prosecutors don't care about that. They care about justice. They care about punishing those individuals they perceive to have been involved in domestic violence-related actions towards another person, and they will try that.
They have special units that all do is handle domestic violence-related offenses, and they have marching orders in Los Angeles County and the Valley to make sure that offenders are punished and lose their gun rights; there's a protective order put in place, a lot of times, they'll seek jail time, they want them to do domestic violence classes.
So, even if the other party is unwilling to testify, prosecutors will not be deterred. They will make efforts to locate the other party and serve a subpoena. If the party still refuses to testify, the judge has the authority to order them to do so.
Once they get them on the witness stand, no matter what they say, they will get their other statement on because then they're just going to call the police and ask, ' What did the person who took the witness stand earlier tell you? ' And then they're going to get that statement in and argue that they're just now trying to change things. It doesn't change the fact that they committed domestic violence. Once they obtain that statement, if any injuries are involved, they will be able to pursue a conviction in the case.
Admission of Hearsay Statements
There's also the scenario where the person needs to show up. There is a case, known as Crawford, which essentially stands for the proposition that, in certain circumstances, even if the alleged victim doesn't appear, prosecutors can still obtain a statement.
Whether it's a 9-1-1 tape or it's coming in as an excited utterance, which is an exception to the hearsay rule, or in many cases, I've had instances where they've obtained either the victim's or the defendant's statement on body-worn video from the Los Angeles Police Department.
So, this is another area where if they've got you on video admitting everything or they've got their alleged victim on video indicating that they were battered, they've got injuries; they're crying, they're upset — this is robust evidence that can be used at a trial even if the person's not there. If they've got the defendant on video admitting anything, that's tricky to get out of or get around.
I've done cases where they're using video. I've handled cases where they're bringing in the 9-1-1 tape, which is their crucial piece of evidence, and they bring in supporting witnesses to corroborate it. The police say they got there. The person was crying. They can't obtain the statement many times, but they can gather information on how the person was acting, whether the person had any injuries, and if there are any witnesses, they'll obtain those statements.
Consult with an Experienced Criminal Lawyer
So, the point here is that just because somebody doesn't want another person prosecuted for domestic violence doesn't mean that the prosecutors will go along with that. If you find yourself in one of these scenarios, it's advisable to schedule an appointment with an attorney and provide them with all the necessary information. Don't put a spin on things.
Be honest about the situation, and they'll be able to evaluate it. If they've handled domestic violence cases in the jurisdiction where your case is pending, and they know what they're doing, they've done trials, they've negotiated plea bargains. This honesty will build trust and transparency in your professional relationship.
An attorney who has handled these types of domestic violence cases or spousal abuse cases is going to have a much better feel for what the prosecutors might do and what the best defense strategy is. This reassurance will give you a sense of security and confidence in your defense.
That's why I get people in these types of situations, and we sit down and talk about it. We review all the different scenarios, and then, based on our assessment, we implement the right strategy moving forward. We execute the plan to resolve the matter, conduct damage control, and achieve the most successful outcome possible. We specialize in domestic abuse cases in the Van Nuys Courthouse.
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