DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
A young married woman in Palm Beach was involved in an altercation with her husband. After Scott Simmons entered the case, the woman’s husband eventually signed a waiver of prosecution, and the woman’s case was dismissed.
Our client is a young married woman in Palm Beach who was involved in a domestic altercation with her husband. After the husband called the police, the woman was arrested and charged with simple battery. The husband and wife had never previously been involved in an altercation of this magnitude, and have always been loving and caring between each other and their young child. The husband did not file any restraining or no-contact orders against our client.
The couple have been married for the past six years, and have never previously been involved in the criminal justice system. Resolving this case amicably was important to the couple, as they both want to raise their child together and learn to communicate with each other more effectively. Many criminal charges which are filed in domestic violence battery cases arise from some gap in communication, with individuals who are readily able to educate themselves on better communication moving forward, as our client and her husband were in this case.
In this case, Attorney and Managing Partner Manny Serra-Jovenich set up an in-person strategy session to discuss the client’s legal situation. They discussed the altercation, and the fact that the client’s husband was not interested in pressing criminal charges, which Manny advised her to get her husband’s statements in writing.
After consulting with her husband, the client’s husband signed a waiver of no prosecution. A waiver of no prosecution is a signed letter to the prosecutor which states that the alleged victim of a crime is uninterested in pressing charges. Since the client’s husband wanted to work the situation out between themselves, he felt it was unnecessary to involve the courts in a one-off altercation and resolve the situation domestically. Soon after, the prosecution decide not to file charges against our client.
Since the prosecutor did not file charges against our client, she was free of any criminal liability. Attorney Scott was the lead attorney on this case, and worked doggedly on her case. He maintained active communication with the lead prosecutor throughout the process, and immediately called the client once the prosecutor decided not to file charges.
Rossen Law Firm