What Evidence Is Helpful To A Criminal Defense Attorney In A Domestic Violence-Related Case? What Can And Should A Client Share With His Or Her Attorney?
It’s extremely important for a client to share everything with their attorney right from the beginning of the case. The attorney will want to know the nature and extent of the relationship, whether there are children involved, where the parties are living, whether there have been any prior instances of domestic violence, who the aggressor was, and information about the individual background of the alleged offender and alleged victim. In terms of evidence, photographs are one of the most important pieces of evidence in these cases.
The Person I’m Accused Of Harming Is Trying To Contact Me And Says They Will Talk To The Police And Set The Record Straight. Should I Have Them Go To Law Enforcement Or The Prosecutor On My Behalf?
Having the alleged victim contact the police to give a different version of what actually occurred is a very risky thing to do, so we don’t advise it. This could make it appear as though the alleged victim was put under some degree of witness intimidation. If the version of the story that the alleged victim gave in the beginning was not truthful or correct, that will be revealed later on in the case.
If The Alleged Victim Changes Their Story After Charges Were Filed Or Doesn’t Want Charges Pressed Against Me In A Domestic Violence Case, Does That Mean My Case Will Just Go Away?
If the alleged victim changes their story and does not want to press charges, the case could be dismissed, but it won’t necessarily be dismissed. Prosecutors do recognize that oftentimes in the heat of an argument, true facts can be distorted or misinterpreted, which can result in a perception that domestic violence occurred when in reality it did not.
However, the prosecutor can choose to proceed with a case in Los Angeles, Orange, Ventura, Riverside, or San Bernardino Counties even if the alleged victim does not want to press charges. The prosecutor can call the arresting or investigating officer who was at the scene to testify as to what the alleged victim said. This could be used as evidence in a preliminary hearing in a felony domestic violence case, which would lead to further prosecution, but it couldn’t be used in a trial itself. It should also be known that if an alleged victim changes their story down the line, they could face criminal consequences.
While A Case Is Pending, Should Someone Facing Domestic Violence-Related Charges Go To Counseling Or Anger Management Classes? Would This Help The Case Or Show Guilt?
Most of our clients do not take anger management classes before their case is resolved. If a client does decide to take anger management classes beforehand, we will bring that to the attention of the court only if doing so would be advantageous to our client, and not if we believe it may indicate guilt.
What Strategies Can Be Used To Defend Clients In Domestic Violence Cases? Is Self-Defense A Viable Defense?
There are numerous defenses to charges of domestic violence. One such defense can emerge as a result of the alleged victim being unwilling to cooperate with the prosecution and therefore unwilling to testify. Another defense is to argue that what occurred was not actually domestic violence, or that the alleged victim’s initial story does not accurately reflect what actually happened. This may be a successful defense if there is evidence to support it.
Self-defense is a viable defense as long as the measures of self-defense were reasonable and necessary, and ceased as soon as there was no longer a need for them. It is important to make sure that the act of self-defense fits within the requirements of the law.
What Factors Do You Consider When Helping A Client Decide Whether Or Not To Accept A Plea Offer Or Go To Trial In A Domestic Violence-Related Case?
Whether or not it is best to accept a plea deal or go to trial in a domestic violence-related case depends on the facts of the case at hand, the strength of the evidence, the punishment that may result from losing at trial, how well the defendant would do while testifying, and which witnesses may be called to testify. Some prosecutors in Los Angeles, Orange, Ventura, Riverside, and San Bernardino Counties are so aggressive that there really is no alternative but to take a case to trial.
For more information on Domestic Violence Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 486-7486 today.
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