Attempted Violation of a Protective Order Trial

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.

Muhammad Elsayed represented a client accused of attempting to violate an emergency protective order obtained by his wife by trying to call her from the jail.  At trial, the prosecution attempted to introduce evidence of the attempted calls through the testimony of a detective, who is a member of the Fairfax County Police Department, but not the Sheriff’s Office, which administers the county’s jail.  Relying on the rules of evidence on how to properly authenticate evidence, Muhammad argued that the detective could not properly lay a foundation for the admission of the call logs, because he was not an employee of the Sheriff’s Office or the custodian of records for the jail.  The judge agreed, and the prosecution was unable to introduce any evidence at trial.  Accordingly, the judge found Muhammad’s client not guilty and dismissed the case.