Domestic Violence - Case Dismissal With and Without Prejudice

[mobic]

My question involves criminal law for the state of: Wiaconsin

My friend has been charged with domestic violence charges. 3 Misdemeanor charges. Wife called the cops, exagerated a heated argument as physical, said he pushed her and prevented her from calling the cops. The DA for some reason has taken this personaly and is hell bent on criminally convicting him. His attorney says even worst offenders who bashed and beaten partners have been given just disorderly conduct tickets and this DA is for strange reasons has taken this personaly. The DA wants 2 years probation with criminal conviction which is similar to a jail sentence.

Anyway his wife now regrets what she's done and destroying his life and is willing not to appear for trial.She wouldn't be around to receive subpoena. His attorney says the case will be dismissed if she doesn't appear but can be reopened by DA with in the next 3 years. He says the case will be only dismissed without prejudice making this reopening possible.

Would he be able to get the case dismissed with prejudice? If so on what grounds the attorney can bring a motion to dismiss with prejudice other than defendent's right to speedy trial? Are there precedents that can be used? DA hasn't got any evidence other than her statement to police to support his severe charges.

He is a H1B holder awating green card decision. Are there any immigration grounds to seek dismissal with prejudice?

Any comments will be highly appreciated.

[Mr. Knowitall]

Speedy trial rights apply between the date you're charged and the date you're tried. Once the charge is dismissed, charges are no longer pending so there's no speedy trial right to violate.

Why would you think immigrants get a special free pass to get out of criminal charges?

Incidentally, nothing the wife did "destroyed his life" - if you don't want to be charged with domestic assault, don't batter members of your family. If you batter members of your family and have to face the consequences of your action, to the extent that your life is "destroyed" it's something you've done to yourself.