Criminal Defense Attorney

Threatening, Criminal Harassment, Assault and Battery – Dismissed

AA, a 48-year-old laborer, became involved in a months-long extra-marital affair. As the guilt piled up and the affair became too intense, he decided to end the relationship. Not surprisingly, the other woman was hurt – apparently, during their time together, AA had hinted that he would leave his wife for her.

Over the course of several days the other woman threatened, by text message, to expose AA’s philandering to his wife and young children. She also told AA that she would tell the police that he had beaten her. In an attempt to pacify her AA agreed to meet with the woman “one last time.” At the meeting AA told the woman to “leave us alone” and “go away.” According to the jilted lover, AA threatened to kill her if she did not stop the communication.

After the rendezvous the woman drove to the police station and filed a complaint against AA. She alleged that, during their chat, he had struck her in the face and threatened her life. In addition, she showed the police the text-chain. A criminal complaint issued against AA. More unfortunately, upon learning of the charges, AA’s employer fired him. His boss did tell him that he could be hired back if the charges were dismissed.

AA hired Henry Fasoldt. He told Henry that he was most concerned about keeping his job (at this point his wife had learned of the affair). With that goal in mind, AA and Henry decided that the best strategy was to push the case to a trial as soon as possible. Here is why – the employer could only keep AA’s job open for a short time and the prosecutor’s office was not going to dismiss the case because we told them AA’s story (In fact, rarely do prosecutors dismiss cases based on representations of defendants or defense attorneys). So, we asked the court to schedule the case for trial-by-judge (bench trial), because a bench trial date was available sooner. On that date we arrived for court, suspecting that the jilted-lover would not want to show up to testify. We were right, she did not show up. The case was dismissed.

AA’s employer re-hired him.