Case Results

Client Accused of domestic battery by off duty officer – Case Dismissed

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.

Our client was arrested for domestic battery. According to the arrest report our client was in the Hard Rock Hotel & Casino with his girlfriend. Security was alerted that there was an alleged battery that occurred. Security approached my client and his girlfriend about the report of a physical altercation. Both my client and his girlfriend adamantly denied they had any physical altercation with one another. Notably, there were no visible injuries.

Hard Rock security was advised of an independent witness to the incident and this witness turned out to be a police officer from the City of Hialeah. The off duty officer advised security that he witnessed my client slap his girlfriend in the face, pull her hair, and head butt her. As a result of this statement my client was arrested for domestic battery.

After reviewing the case file and the video I was able to meet with the State Attorney’s Office and present evidence showing why the off duty officer’s statement is not trustworthy and the evidence did not support that a battery took place.

On August 28, 2019 the State filed a Nolle Pros and the case was dismissed. My client need not appear for any further proceedings, his pretrial conditions were vacated, and he will no longer have to worry about being falsely accused of committing domestic battery.

Case dismissed