Legal Question in Criminal Law in Nevada

Domestic Violence - 2 charges total

How would you approach the situation? (i.e. what options are available for the woman in this case)

Woman in Nevada has 2 charges:

1. Battery/Domestic Violence

2. Possession of Narcotic paraphenalia

her first offense. woman admitted to ''throwing a towel'' and pushing the man away from her.

police did not believe the woman's claims against the man (strangled her neck, wrapped a towel around her mouth, beat her head on the floor, and suffocated her)

man was not charged

After the charges:

woman has medical records proving her injuries from the man

woman has filed TRO against the man

man and woman used to live together. The man had to take some of his things from the apartment and leave (woman called for Police).

woman has people willing to state in a letter that they've witnessed his abusive behavior (apartment service man, therapist, friends, and family)

This is all very confusing, so ANY help would be a tremendous benefit. In this case, the woman was the victim, and the police investigation was flawed. However, how to proceed given everything above is the challenge. Woman wants to clear her name. Can she? How much MORE will it cost ( i.e. attorney fees, lost wages, emotional anguish, etc) vs entering a plea?


Asked on 2/21/07, 2:41 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Domestic Violence - 2 charges total

Thank you for your question, and for the opportunity to both help and advise you further.

It's not clear whether this case was in Nevada or California, and each state has different laws. If this case is in California, then it's clear that she needs to defend the case, including taking the case to trial, if necessary, rather than enter a plea to something she didn't do - a crime she did not commit.

Because she is innocent until proven guilty, "clearing her name" shouldn't be a big deal. Upon dismissal or a finding of not guilty from a jury, she is entitled to bring a motion for factual innocence under California law to seal and expunge the arrest records, and thus would have no record of this unfortunate incident.

I hope this helps, but if you have additional information, have other questions, or would like legal representation, please feel free to email me directly at [email protected]. It's my pleasure to help you in any way that I can, and thanks again.

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Answered on 2/23/07, 6:36 pm


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