This case of the month blog involves the dismissal of a charge of violating
a court order. It is important for an attorney to review a case in two
different ways. First, was a law violated? Generally, there has been;
however, the people may not be able to prove it. We will leave the discussion
on this topic until a later time. Second, if a law was violated, is it
what we would call
de minimis? De minimis is essentially a very small violation.
Although a violation of law is a violation of law, degree is sometimes
important. Take a
DUI, for example. A DUI with a blood alcohol level of .08 percent is a much
more defensible case than a DUI with a blood alcohol level of .15 percent.
While a .08 percent DUI is not de minimis, it just might be a better case.
The case in question here involves the violation of court-ordered monitored
visitation by the mother. When a person violates a valid court order by
allowing unmonitored visitation, the law has been violated. However, if
it was just one time and perhaps by accident, is this something which
requires a criminal conviction?
The basis of all effective criminal defense work is the proper presentation
of a valid defense. With the issues I have discussed above, I needed sufficient
time to present these issues to the prosecutor in an unrushed atmosphere.
Too many times I have seen attorneys do a poor presentation of a valid
defense because they are not only unprepared, but also don't take
the requisite time to allow the prosecutor to do a more in-depth review
of the facts.
In this case, we were able to present all of the issues to the prosecutor
and we received a dismissal.
Contact The Law Office of Barney B. Gibbs if you or a loved one has been charged with violating a court order. Put
his 30 years of experience and knowledge to work for you.