Domestic Violence Case Turned On Its Head.
Man was charged with both Domestic Assault and Domestic Disorderly Conduct for allegedly attacking and verbally abusing/threatening his sister. The incident allegedly occurred at the Defendant’s and Victim’s brother’s home where the children’s elderly and terminally ill mother resides. The matter was passed to trial. Following a devastating cross examination by Attorney Calcagni of the alleged victim, the Court ordered a recess and encouraged the parties to negotiate a resolution. The cross-examination uncovered bias and motives to fabricate on behalf of the alleged victim, as well as prior inconsistent statements made by her. Because of this fact, along with the unfortunate divide the pending matter was causing the family, the Court encouraged a resolution short of a judicial decision. As a result, Attorney Calcagni successfully negotiated for dismissal of the Domestic Assault Charge and amendment of the Domestic Disorderly Conduct charge to straight Disorderly Conduct. Thereafter, the Court chose to file this charge for one year without requesting or accepting a plea from the Defendant. The filing was ordered while allowing the Defendant to maintain his “not guilty” plea. No sentence or punishment was imposed. Providing the Defendant has no adverse contact with law enforcement within the next year, this matter will ultimately be expunged and the Defendant will suffer no criminal conviction or adverse consequences from this event.