Back

Will My Case be Dismissed for Not Cooperating With the Police | Phoenix Criminal Attorney

Jared Allen | 1726 Views | 09/08/2014

Trial Cooperation

If witnesses refuse to cooperate with the police, will the case be dismissed? That’s a good question. I’d say it’s an urban legend that if a witness doesn’t want to prosecute, or doesn’t want to testify in a trial setting, then that case is going to be dismissed and we hear that at AM Law from clients in not just domestic violence cases, but cases in general.

We try to educate our clients based on our experience as prosecutors having had those difficulties in getting witnesses to trial, or getting witnesses to the interview prior to a trial. If you’re counting on that as your 100% sure fire way to get your case handled, then your most likely going to be disappointed with the result. We talk about the experience we had as prosecutors, because the power of the state is significant.

Court Subpoena

They can subpoena and compel witnesses to appear in court and that can be as aggressive as going out and arresting the individual that has said that they don’t want to come and testify or that they don’t want to prosecute the case and bring them before the court to testify more or less against their will. So, we try to explain to our clients that we want to build a defense that isn’t dependent on luck, or circumstances that are outside of our control.

Allen & Meyerand

We want to do what we can control here within these four walls. That involves using our experience to talk with prosecutors about potential results that would be beneficial for both parties and we see in domestic violence a lot of times that it is beneficial to have a counseling, or an anger management, or even a familial type of counseling resolution in lieu of having a conviction. That, often times, is enough for the behavior to not be repeated. And then obviously if the behavior is repeated, then there are more serious consequences down the line for those types of offenders.

By: Jared Allen

Will My Case be Dismissed for Not Cooperating With the Police | Phoenix Criminal Attorney

Trial Cooperation

If witnesses refuse to cooperate with the police, will the case be dismissed? That’s a good question. I’d say it’s an urban legend that if a witness doesn’t want to prosecute, or doesn’t want to testify in a trial setting, then that case is going to be dismissed and we hear that at AM Law from clients in not just domestic violence cases, but cases in general.

We try to educate our clients based on our experience as prosecutors having had those difficulties in getting witnesses to trial, or getting witnesses to the interview prior to a trial. If you’re counting on that as your 100% sure fire way to get your case handled, then your most likely going to be disappointed with the result. We talk about the experience we had as prosecutors, because the power of the state is significant.

Court Subpoena

They can subpoena and compel witnesses to appear in court and that can be as aggressive as going out and arresting the individual that has said that they don’t want to come and testify or that they don’t want to prosecute the case and bring them before the court to testify more or less against their will. So, we try to explain to our clients that we want to build a defense that isn’t dependent on luck, or circumstances that are outside of our control.

Allen & Meyerand

We want to do what we can control here within these four walls. That involves using our experience to talk with prosecutors about potential results that would be beneficial for both parties and we see in domestic violence a lot of times that it is beneficial to have a counseling, or an anger management, or even a familial type of counseling resolution in lieu of having a conviction. That, often times, is enough for the behavior to not be repeated. And then obviously if the behavior is repeated, then there are more serious consequences down the line for those types of offenders.

By: Jared Allen