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  1. #1

    Question Kansas Domestic Battery Advice

    My question involves criminal law for the state of: kansas

    Long story short, my girlfriend was wrongfully charged with domestic battery. I'm aware Kansas is aggressive with domestic charges but I'm looking for any possible advice that may help with her charges being dropped. Basically, my girlfriend and I got into an argument at the lake and someone called the sheriff's with a report of violence. We were pulled aside and questioned, the sheriff's were very direct and adamant that kansas law required someone be responsible for this situation. They kept asking who hit who, and they put the words into my girlfriend's mouth apparently, because they eventually got her to admit to hitting me -- eventhough she never touched me. Before the words left her mouth she was arrested. I had red marks on my chest which the cops took pictures of -- the marks definitely were not from her, as I had a very active day on the lake. I did everything I could to convince the cops this was a misunderstanding and the only answer they could give me back was "state law". I completed a voluntary police statement saying she never touched me and this was a misunderstanding. Any possible advice towards this situation would be GREATLY appreciated. Can I call the sheriff's office, testify in court, vouch for her??...anything?? Thanks!

  2. #2

    Default Re: Kansas Domestic Battery Advice

    At this point, talking to the sheriff's office won't get you anywhere. Once the arrest has been made, the ball is in the court of the DA to decide to pursue criminal charges or not. The part of the story we don't know is what the person who called police told them that THEY witnessed. Your GF should have taken advantage of her right to remain silent instead of making whatever statement she made, but that's water under the bridge now. If you are called to the stand, either by the prosecution, the defense, or both, you'd get to testify. You need to remember however that in some 90% of cases, the "victim", even in a VALID domestic violence case will say almost anything to try to help the one arrested - many will even lie and put themselves at risk of criminal charges of perjury - and the defense is VERY well aware of how the prosecution will tear you up on the stand, so most know better than to do this - especially, as in your case, where there is an uninvolved third party witness and photos which any jury is highly likely to attribute to the incident (remember, it's not about the truth, it's about what impression the jury gets).

    At this point, what you can do for her is hire the best attorney in your area to represent her. Then learn to argue in such a way that other people aren't so upset by it so as to be calling the police.

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