1. Before charges are filed: Get the full story in front of the DAYou can be arrested before the prosecutor decides whether to formally file charges. That window is an opportunity to act.
Example: You have no convictions, and an uninterrupted video captures the entire encounter without showing the assault described in the police report. Presenting that evidence during screening may persuade the DA to decline prosecution.
Your move: Save the original recording before it gets overwritten. Preserve the complete conversation, including your own messages. Write a timeline while events are fresh and identify witnesses who actually saw or heard something. Have counsel review the evidence before deciding what to submit.
A clean record helps explain your background. The recording addresses what happened. Getting prosecution declined here can save you months of court appearances.
2. After charges are filed: Use the State’s evidence to challenge its caseOnce discovery arrives, compare the police report, 911 call, body-camera footage, photographs, and witness statements. Look for contradictions about the alleged conduct, who witnessed it, and when it happened.
Example: The complaining witness says a photograph shows an injury you caused that night. Your message history contains the same photograph from three days earlier. That gives the prosecutor a concrete reason to reassess the evidence.
Your move: Flag the exact photograph, message, or timestamp that contradicts the allegation. Give your attorney the original material and enough context to verify it. A short, documented explanation is more useful than twenty pages about how badly the relationship ended.
If the witness changes her account or stops cooperating, counsel should assess what the State can still prove. Do not contact her to arrange a retraction. Follow all no-contact orders. The prosecutor controls the case and may have other usable evidence.
A supported dismissal request can end the prosecution before you pay for a trial.
3. Before trial: Check whether the State’s time has run outLouisiana places limits on how long a prosecution can remain pending before trial. An expired deadline or another qualifying legal defect may support a motion to quash.
Example: An ordinary felony prosecution has been pending for more than two years. A review of the court record shows no applicable interruption, suspension, or exception extending the trial deadline. A timely motion may require dismissal under Article 581.
Your move: Ask for a deadline review based on the actual court record. Motions and continuances can change the calculation. “It’s been two years” is the beginning of the analysis.
Release because the DA missed an Article 701 filing deadline does not automatically end the case. Make sure you understand whether you have been released, whether charges remain possible, or whether prosecution is legally barred.
4. At trial: Give the court a reason to question the accusationThe State must prove guilt beyond a reasonable doubt. You do not have to prove why someone would falsely accuse you. But practically, a supported explanation for a false allegation can make your defense more persuasive than a denial alone. People want to understand what happened and why.
Example: You end the relationship. Your former partner sends a message threatening to get you fired, then reports an assault. A complete recording contradicts a central part of her account. Your attorney can connect the threat, the timing, and the recording to show a possible motive for retaliation.
“She’s angry because I left” is an argument. The messages and recording give that argument substance. The point is to give the judge or jury a coherent explanation grounded in evidence. A breakup alone does not establish that an allegation is false.
Your move: Preserve messages showing threats, demands, or attempts to use the accusation against you. Give your attorney the full conversations, including your own angry replies. Context matters, and your attorney needs to know what the prosecutor could use before it comes out in court.
A successful trial defense results in an acquittal, meaning not guilty.
Why get an attorney involved early?Because being right does not mean you will explain yourself well while you are angry, frightened, or exhausted. One careless sentence can become an admission or an inconsistency you spend months explaining. An angry exchange can distract from evidence that helps you.
An attorney can preserve evidence, assess what it actually proves, and present a supported position without having you personally submit to an interview. Counsel can also decide when approaching the DA helps and when it risks revealing more than it accomplishes.
The practical advantage is preparation before decisions are made: before footage disappears, before charges are filed, and before you accept a plea just to make the stress stop.
Learn more about domestic violence defense in Louisiana.
Sources: Louisiana Code of Criminal Procedure, Articles 691, 578, and 581.
Brian Williams