Case Dismissed!

Hester Law Group attorney, Casey Arbenz worked hard to get case abandoned by prosecution.

Casey Arbenz recently represented a client who got into an argument with his wife in a Seattle hotel. The argument became more heated and guests in adjacent rooms called hotel security. It was alleged by the client’s wife that things had gotten physical and that the client had choked his wife during the incident. The wife took cell phone footage but all it showed was the couple yelling at one another.

Police arrived and interviewed both individuals. Mr. Arbenz’s client denied physically contacting his wife and alleged she had provoked the confrontation and actually attacked him. Review of the cell phone camera footage revealed that he was attempting to calm things down and that his wife was attempting to provoke him. Police disregarded that footage and arrested Mr. Arbenz’s client for second degree assault domestic violence. Second degree assault is a serious felony and carries a 3-9 month sentence and is a “strike” offense. Mr. Arbenz’s client works as a corrections officer so a conviction would end his career. The criminal charge created an automatic “no contact order” – which prohibited the client and his wife from any contact while the case was pending.

After hearing his client’s side of things, Mr. Arbenz began the process of organizing the timeline of events including the 911 calls, the hotel security response and the cell phone footage. Agreeing that the sequence of events suggested innocence, the matter was set for trial. The parties began their preparation, including interviews of witnesses.

Roughly a week before trial was to commence, the deputy prosecutor from the King County Prosecuting Attorney’s office called Mr. Arbenz and admitted he could not prove his case. The charge was dismissed and Mr. Arbenz’s client was no longer at risk of losing his liberty, his livelihood and his family. He was extremely grateful for Mr. Arbenz’s hard work and dedication to the case.