Every criminal case is about more than the police report. Sometimes, the key to a successful defense isn’t found in the discovery produced by the prosecution—it’s found through independent investigation.
Recently, The Law Office of Siara Ossa, PLLC secured the complete dismissal of two misdemeanor charges against our client in Suffolk County:
- Criminal Contempt in the Second Degree in violation of Penal Law § 215.50 (03); in simpler terms, this is the charge when a Defendant violates an active order of protection.
- Assault in the Third Degree Penal Law § 120.00 (01); which is when a person, with intent to cause physical injury to another person, causes injury to such person.
The result was exactly what every client hopes for:
- Both cases dismissed.
- No guilty plea.
- No reduction to a lesser offense.
- No fines.
- No court surcharges.
- No criminal conviction.
- No criminal record.
The dismissal was granted pursuant to CPL § 170.30(1)(e) after the People failed to be ready for trial within the time required by New York’s speedy trial statute.
Why Investigators Can Make the Difference
One of the most overlooked aspects of criminal defense is the value of conducting an independent investigation.
Police investigate cases to develop evidence supporting an arrest. A criminal defense attorney’s job is different—we investigate to uncover facts that may help the defense.
In many cases, that means speaking with witnesses, locating evidence the prosecution overlooked, gathering records, or uncovering information that changes the course of the case.
In this matter, an investigator was used to gather additional information about the complaining witness.
That investigation proved invaluable.
The Investigation Changed Everything
Our investigation revealed information indicating that the complaining witness was refusing to cooperate with the District Attorney’s Office.
That fact carried enormous legal significance.
In many misdemeanor domestic violence and assault prosecutions, the complaining witness is not simply helpful—they are essential.
Without the testimony of the complaining witness, prosecutors often cannot establish every element of the charged offenses beyond a reasonable doubt.
Why Witness Cooperation Matters
Every criminal charge contains specific legal elements that the prosecution must prove.
For charges such as:
- Assault in the Third Degree, and
- Criminal Contempt in the Second Degree,
the prosecution frequently relies on the testimony of the alleged victim to establish what occurred.
If an essential witness is unavailable or unwilling to testify, the prosecution may not be legally ready to proceed to trial.
Simply announcing “ready” is not enough if the People lack the witnesses necessary to actually present their case.
New York’s Speedy Trial Law
New York’s speedy trial statute, CPL § 30.30, requires prosecutors to be ready for trial within specific time periods depending on the charges.
If the People are not genuinely ready before the statutory time expires, dismissal may be required.
Because our investigation established that the prosecution’s essential witness was refusing to cooperate, we argued that the People were not actually ready for trial within the time required by CPL § 30.30.
At the appropriate time, we made an oral motion to dismiss.
The Court agreed.
The Result
The Court granted our motion pursuant to CPL § 170.30(1)(e) and dismissed both misdemeanor dockets.
Instead, our client walked away with a complete dismissal.
Every Detail Matters
This case is an excellent example of why criminal defense requires more than simply reviewing discovery provided by the prosecution.
Sometimes, the most important evidence is uncovered through independent investigation.
A thorough investigation can reveal:
- Witness credibility issues.
- Witness availability.
- Exculpatory evidence.
- Inconsistencies in the prosecution’s case.
- Information that directly impacts speedy trial issues.
- Defenses that may otherwise remain undiscovered.
Had we relied solely on the materials produced by the prosecution, this critical information may never have come to light.
Charged with a Crime in New York?
Every criminal case deserves a proactive defense. That means examining not only the evidence the prosecution has, but also investigating the evidence they don’t have.
At The Law Office of Siara Ossa, PLLC, we believe that building a strong defense often requires looking beyond the police reports. Whether through legal research, motion practice, or independent investigation, we work to identify every opportunity to protect our clients’ rights and pursue the best possible outcome.
In this case, that strategy resulted in the best outcome possible: a complete dismissal of both misdemeanor charges, preserving our client’s record, reputation, and future.