How does an innocent person spend thousands of dollars, stay under indictment for over a year, and never commit a crime?
It is much easier than you think. Take, for example, the recent dismissal of an Aggravated Assault case I handled in excess of a year. The case only ended last week in Wilson County Criminal Court. My client was falsely accused of pulling a knife on a former love interest and threatening him. It occurred (believe it or not) when my client’s boyfriend showed up at my client’s home. A verbal dispute ensues in which the boyfriend is accused of sleeping with another woman. In his defense, the boyfriend suggests that the “other lady” be called over to the home to resolve the dispute. When she arrives at the home, she confirms that she has, in fact, been sleeping with the boyfriend. This occurs in the home of my client with the now boyfriend and two women in the same room. The argument results in the police being called and the accusations made. Client is arrested, despite her protests of innocence, hauled to jail, and held for 12 hours before being released. The general sessions court had an initial hearing to determine probable cause, but the low standard of proof only really requires someone saying it happened. The case was sent to the jury trial level, despite the testimony that my client only had a kitchen knife pointed downward 25 feet from the boyfriend, with no threats made. Our team’s investigation and proof at this first hearing revealed that an uninvolved roommate witnessed the event and testified no knives were ever held by my client. The case was pushed far into the process, well over a year because of my client’s proper insistence that she was innocent and refusal to plea bargain. The charge was serious, 3-6 years in prison if convicted. Sixteen months later the case dismissed in its entirety after a long litigation and investigation on the part of her defense team. It could happen to you.
In the Defense of the accused,