Lisa Pelosi: I really don’t know the exact statistics, but it’s to everyone’s benefit to try to resolve the case and not go to trial. In most cases we can. I do resolve the case where the client is satisfied and the case doesn’t go to trial. It’s not the preferred method to go to trial because there’s so much a client would risk including his or her liberty.
Also it’s a sad thing to have family members or people that know each other testifying against one another, especially if children are involved.
Expert Witnesses May Be Required Depending upon the Circumstances of the Case
Interviewer: Are there any expert witnesses that you might utilize with that situation?
Lisa Pelosi: Each case is different and sometimes you have to call witnesses if you go to trial that are experts, but it would depend on the facts of the case.
Difficult Aspects of Handling a Domestic Violence Case in New York
Interviewer: What would you say is the most difficult aspect for an attorney to deal with in cases like this?
Lisa Pelosi: The emotional intensity from what’s going on in the client’s life and what they stand to lose, not only dealing with the criminal stuff, but also what goes on in family court regarding their loved one and the children involved. We probably done now, right? This is good.
The Counseling and Anger Management Programs Help People Keep Families Together
Interviewer: How often do you see your clients have a successful case?
Lisa Pelosi: Since I had been a prosecutor I feel as if I know how to work with the prosecutor’s offices to try to get programs with the notion in mind that with the programs people will have a better chance to not have a criminal record. I believe in the programs and I believe that they help people, and I also believe that they help keep families together, and the courts are really happy when people take advantage of the programs. That’s a tool that I use and any good defense attorney would use to try to get the client into a program to try to avoid them having a criminal record.
Exaggerated Accusations of Domestic Violence Are a Fairly Common Occurrence
Interviewer: Are there any cases where the alleged victim later admits to exaggerating a claim and decides to drop the charges or wants to drop the charges?
Lisa Pelosi: Yeah, the complaining witness often wants to drop charges, but often times the prosecutor’s office will not let them drop charges. Also, false allegations have been made and I’ve been discussing a lot about spouses, or boyfriend and girlfriend. I actually had a case where my client was going through a terrible divorce, and his now ex-wife would repeatedly tell their son to make up things about illegal things about the father and the father was charged with a serious sex abuse case child abuse case on his son.
A Participant May Make False Accusations Against Another if They’re Angry or Hurt
He would not plead guilty to anything and I worked very hard that he would not take a plea nor would I want him to plead guilty because it was very serious. Right on the eve of trial his son said that his mother had put him up to saying false statements against his father because the mom was very unhappy with the divorce situation. That is a very definite thing that I will look for in terms of domestic violence cases or cases were families or people know one another often times emotions and disappointments in relationships breed one participant in the relationship making false allegations because they’re angry or hurt.
