Facts: Our client was in his home asleep on his couch when his former significant other entered the home with their daughter and call the police claiming he was intoxicated. When law enforcement arrived our client was awoken to see his ex standing in his living room and was attempting to get her to leave. Law enforcement witnessed the interaction and placed our client under arrest for battery because he had put his hands on his ex in an attempt to get her our of his home.
Results: Our client contacted us immediately and explained the situation. Our client was also able to provide us with a copy of the security footage from the camera in the living room facing the front door. The footage showed the ex entering the home while our client was asleep more than 1 time. It then shows that once our client was taken into custody the alleged victim remained in the home for some. We were also able to show the state that the alleged victim had returned several days later, while our client was still in custody. After laying out our side of the story to the prosecution and providing them the videos from our client’s security cameras the state elected not to proceed on the case and all charges were dismissed.