MO’s friend contacted our office after MO was arrested for Domestic Battery Causing Bodily Harm. Our firm was able to get MO out of custody. After getting MO out on bond, we could speak with him about the allegations against him. MO explained that his relationship with his wife had been getting gradually contentious, and on the night in question, she had blown up at him. I asked him if she had struck him first. He told me she did hit him first. We asked him if he had any scratches or bruises. He explained that he did. We had him take photos of his injuries and get them to us. The State’s Attorney’s Office had not sent us any photos or videos they planned to use at trial. This leads us to believe that the alleged victim did not have any physical marks on her body, which could prove the State’s theory of the case. We shared our pictures with the prosecutor’s office, and I explained that we would allege that MO was not the aggressor. The prosecutor then spoke with the alleged victim. She admitted that she hit my client and that he did not hit her. The Assistant State’s Attorney dismissed the charges.
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