Understanding Mitigation Packets And Dismissals
Last updated on July 18, 2024
It’s a scene that plays out in homes in San Diego and across the United States every day. A husband and wife are enjoying a few drinks to wind down after a long, stressful day. Something as simple as realizing they forgot to pay the electric bill quickly spirals into a heated argument. Things are said, things are thrown and the cops are called.
The result of this common scene will be the police walking onto the stage, and hauling someone – usually the man – to jail on suspicion of domestic abuse as the curtain lowers on this ordinary American play. Life-changing charges are the next step, followed by fines, jail time and a criminal conviction that will damage his reputation for the rest of his life.
Your Play Can End Differently
Many domestic violence cases don’t make it to the arraignment. This means you have a chance to act proactively and provide mitigating information that can result in a dismissal of your charges. The first step is to put an experienced defense lawyer on your side. In San Diego and surrounding communities, you can turn to the proven professionals at the Premier Domestic Violence Law Group. Our firm is led by Mark Deniz, a former criminal prosecutor who understands these cases from both sides of the legal system.
By putting our team on your side, you can get proactive and put a “face to the case”. Up until now, things have been happening to you. Now is the time to make sure your side of the story is heard and present the prosecutor with a person to evaluate instead of relying on a police report as they decide whether to charge you with domestic violence.
We will get to work right away in creating a mitigation packet. This may include actions such as reaching out to the accuser or taking steps to enter substance abuse or anger management treatment. Besides increasing the possibility of heading off criminal charges or a trial, these actions can set you up to be the best version of yourself once this situation has passed.
Understanding Pre-Issue Packets
When facing potential domestic violence charges, time is of the essence. Our attorneys recommend the following steps to help protect your rights and pursue effective strategies for success:
- Seek legal counsel: Consult with an experienced domestic violence attorney immediately after your release from custody.
- Act quickly: There’s a brief window between your release and when the prosecutor reviews your case. This is your opportunity to present a pre-issue packet.
- Gather positive documentation: A pre-issue packet includes materials that showcase your character and background in a favorable light. This may include letters of recommendation, employment history, community involvement record, and proof of ongoing counseling or treatment.
- Submit before case review: Aim to provide your pre-issue packet before the prosecutor obtains the police report. This allows the prosecutor to consider a more comprehensive picture of you as an individual.
- Humanize your case: Without a pre-issue packet, prosecutors often rely solely on police reports and evidence. By providing additional context, you give the prosecutor a clearer understanding of who you are beyond the incident in question.
Remember, prosecutors typically don’t consider an individual’s full background or character when deciding whether to file charges. A well-prepared pre-issue packet can play a crucial role in influencing this decision-making process. Our attorneys work diligently to compile compelling pre-issue packets, striving to achieve positive outcomes for our clients.
