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The Need for a Domestic Violence Defense Attorney

 


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Incidents of domestic violence, because of their nature, usually are unreported. Of those that do get reported, are therefore acted on by the authorities, a few were mere fabrications - false accusations stemming from some ulterior motives like vengeance, desire to gain advantage in divorce and custody proceedings, to cover up infidelity and so forth. A bigger number though were the result of simple, normal, isolated family arguments that have just gone out of control.

People do get angry; there are times that we act immaturely and make mistakes and accidents sometimes happen. The funny thing in domestic violence is, once an accusation is made, the case will be taken over entirely by the State. Under the law, the alleged victim becomes the State; and the accusations can no longer be withdrawn by the person supposedly assaulted. The charge will not be dropped unless it can be shown that it would be in the best interest of the State to do so. That is why it is important for an accused in a domestic violence incidence to get the best domestic violence defense attorney as early as possible. An all out defense to prove innocence must be initiated at the very start of the legal proceedings.

A false allegation of domestic violence must be fought and defeated through either a dismissal or an acquittal at trial. A plea bargain may seem like an easy way out to get it over with but an experienced domestic violence defense attorney will always strongly advise against it. At no time in dealing with a false allegation should there ever be an admission of guilt. A plea bargain agreement no matter how favorable the terms may seem will carry a criminal record and a finding of family violence which can forever ruin the life of the falsely accused.

The best time for getting a false allegation case dismissed is before the formal charge is officially made. However, the falsely accused should not attempt to directly talk with the prosecutors or police without his attorney. Anything he says can and will be used against him. The prosecutors and the police are not as concerned with him nor his family as they are in winning the case and improving their conviction record. A skilled domestic violence defense attorney can convince the prosecution to drop the case by presenting pre-charge evidence that would show they would likely not win at trial. It is only when they are made to recognize that they will lose in court will they consider dismissal of the charge. The pre-charge defense may include expert-witness testimony and affidavits regarding police evidence, recantation from the supposedly assaulted person, psychological test results of the accused and the allegedly assaulted person, character references and the like.

If the prosecution files the charge, the legal counsel must prepare the case for trial. The jury panel should be made to understand how an alleged victim of domestic abuse can often make false and exaggerated statements to the police and what motivations exist to make them do so. They should also be made to realize the serious potential for injustice a false allegation can cause. Through cross-examination, the legal counsel must be able to extract and highlight inconsistencies, biases and other deficiencies in the investigation. The difference between a conviction and an acquittal of the accused now depends largely on the skills of the domestic violence defense attorney at litigation proceedings.

In domestic violence cases, the accused is in effect already considered guilty unless he proves otherwise. Hearsay is accepted as evidence and due process is generally not followed. If you have been accused of a domestic violence offense, it is necessary that are equipped with a very competent criminal defense lawyer.

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