How can I prove neglect in my being charged?

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I'm being charged with domestic assault yet there wasn't an assault.my fiance has even provided statements on my behalf explaining the situation that took place.ive been on conditions of bail for 10monthes.had three court dates that have all been cancelled.its caused me to become indigent and homeless and most of all.my fiance's right to a life with me is greatly affected.i refused all plea bargains asking for it to go to trial.i asked that motions be made to change my conditions.i met my bail requirements just to be sent home three times.i didn't fail to appear.i don't have the money outside of trying to live on a humble income to afford an attorney that works with me.i do have ties to the community and as well as my child support obligations that are now being affected as well as the entirety of a relationship and life as a private citizen.... further more.my fiance has emailed.giving statements and has met with my public defender in defense of me and how this was all blown out of proportion due to a divorce she was going through and the transition in life that the children were going through.no ones listening.

Attorney Answer

1
James Valente ·
This issue comes up frequently in domestic assault cases. Once someone makes an allegation, it is very hard to put the toothpaste back in the tube, because the prosecutors are trained to be skeptical of recantations. There is a reason for that: many women in abusive relationships recant because they're scared of their significant others. Whether the reason makes sense or not, this is how the system is currently functioning, and it means that you will need to have your trial in order to be vindicated. If your fiancee testifies on your behalf, that will be very positive, and you will probably win. At some point, if they continue to avoid giving you trial dates, you should file for dismissal based on the failure of the Court to give you a speedy trial. Because you are not incarcerated, you are less likely to be successful - but it's worth a shot.
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