The Alleged Crime: My client had previously entered into a negotiation on a case where he had pleaded guilty to a Battery Domestic Violence charge. The negotiation included, among other requirements, a “broad stay out of trouble order” (meaning no new arrests or citations) and a suspended jail sentence. My client was charged with a Battery Domestic Violence Second Offense. The City of Las Vegas sought conviction plus requirements on the new case as well as revocation and imposition of the suspended sentence on his older case for allegedly violating the stay out of trouble order by picking up a new case.
The Evidence: The alleged victim claimed to police that the defendant had battered her during an argument regarding their children. She told police that he pushed her up against a wall and put his hands around her neck.
The Trial and Revocation Hearing: During the trial and revocation hearing, the alleged victim recanted much of her story. She explained that she had been afraid of my client because of the argument, but that he did not actually physically touch her. She had called police because she was intimidated by the nature of the verbal argument.
The Outcome: My client was found not guilty on the new case and was given additional time to complete requirements on his old case without imposition of jail time.