In recent years both police and prosecutors have increased their efforts to “crack down” on anyone accused of Domestic Violence. In general, if a call is received by a law enforcement agency regarding Domestic Violence, it is highly probable that someone will be arrested. Unbelievably, this arrest is made irrespective of whether the report is true or false, since public safety is an issue regarding protecting victims. It is now common for law enforcement to make an arrest no matter what.
The arresting officers will write an arrest report regarding the incident. A brutal reality is that in some cases this report will be written in a manner that depicts facts from the view of the alleged victim while minimizing or disregarding the alleged perpetrator's experience.
In many cases, an argument or dispute occurs between the parties. At times an alleged victim calls 911 in the heat of the moment which triggers a law enforcement contact. Even though the parties may want the matter put behind them after once the heat of the moment has passed, current prosecution policies may prevent this. Current laws dictate that the prosecutor, not the victim, makes the charging decision. The prosecution's position is that domestic violence is a crime against society and therefore the victim may not just drop the charges!
Most prosecutorial agencies have special prosecution units within their offices to handle domestic violence cases. Many factors will determine the outcome of a case. A significant factor is whether there was an injury and how extensive it was as well as mitigating facts which would cast doubt on the accuser's version of events. A prosecutor will tend to handle cases differently based on these and other factors.
Being charged with domestic violence is a traumatic experience requiring the services of an experienced Southern California Domestic Violence Attorney. Our office conducts a thorough investigation regarding all facts relating to the incident, as often only the accuser's or officer's version is relayed in police reports. Some cases involve an angry spouse calling officers while others may involve “witnesses” who merely hear a disturbance. Inconsistencies in witness statements to law enforcement and later interviews can be utilized both in negotiations as well as in the event of a jury trial. As with any criminal offense, should you be charged with domestic violence, important is to retain an attorney such as myself with the experience to challenge the allegations and arrive at the most positive result.
Although the presumption of innocence is a cornerstone of our legal system, the unfortunate reality, as most of us know, is that those accused of crimes must fight an uphill battle. Prosecutors are unsympathetic to those charged with this type of crime. Often prosecutors will champion the officer's or accuser's version of events, while disregarding the defendant's story or other versions favorable to the defense. An aggressive and experienced attorney such as myself will push to negotiate your matter or fight at trial.
Once charged, it is important that the defendant not communicate with anyone regarding the facts of the matter. It is also typically recommended in some cases that any law enforcement interviews be conducted through an attorney. While often those charged will want to end the legal drama and simply plead guilty at the first court date, this is rarely recommended. Remember you are dealing with experienced prosecutors and law enforcement who will not hesitate to use your statements as well as your inexperience against you.
As your attorney, I will play an important role in assuring that this case has the most minimal impact possible on your life. We will develop a defense strategy that will challenge the prosecution's case and attempt a fair negotiation or a vigorously fought trial. As your Southern California Domestic Violence Attorney I will fight to protect your rights.
While no attorney can guarantee a result, the goal in all cases is to avoid a conviction for domestic violence if possible. If an individual is convicted of domestic violence, there is a mandatory firearm restriction and often restraining orders are placed either preventing or limiting contact with the alleged victim.