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Order for Protection Violation Dismissed

CASE TYPE: Violate Order for Protection

RESULT: Dismissed

Earl’s client was charged with Violating an Order for Protection after his voice was allegedly heard on a phone call communicating with the protected party (the person Earl’s client was ordered not to interact with).

Earl met with his client and learned that the alleged offense occurred inside of a vehicle with multiple passengers, all engaged in conversation. The phone was on speaker, and a voice inside the car was heard saying, “I’m gonna whup that butt.” The protected party assumed the voice belonged to Earl’s client and contacted law enforcement. Earl’s client was charged shortly thereafter.

Earl spoke with the prosecutor and told them of the circumstances surrounding the alleged offense. When the prosecutor refused to dismiss the case, Earl dug deeper and engaged an investigator to get statements from everyone that was inside of the car that day. Earl’s investigation revealed that one of the other occupants, not Earl’s client, made the offending statement. Earl, with statements in hand, went back to the prosecutor and urged them to dismiss the case. The prosecutor made a settlement offer but still refused to dismiss.

Unwilling to accept anything but an outright dismissal, Earl set the matter for a jury trial. Two weeks prior to the trial, the prosecutor finally dismissed the case.

This is an example of the value of hiring an attorney who is not only willing to go the extra mile to investigate your case but who also is willing to stand their ground and take your case to trial.