The quickness with which the courts act oftentimes creates an incentive for false reports. Defending yourself against a domestic violence charge requires accepting certain realities about the nature of the legal system. Domestic violence makes up a large number of the cases in legal system. Domestic abuse and child endangerment cases are taken quite seriously by the courts, and therefore, regardless of the circumstances, it must be taken seriously by the accused. Courts today will usually impose some form of protection order or restraining order on the spouse or partner that is accused. This may also include denial of custodial privileges or visitation rights when children are involved.
How to get domestic charges dropped against someone arrested
Are you accused of a domestic violence infraction? This can be a serious charge. It is best to have legal representation for matters like these. These things are too important to leave to chance. Here are some things that attorney can do for you.
What to expect
You may need to go to trial or come to a plea agreement. These are major decisions. You need to know the benefits and repercussions of these types of proceedings. You could be facing considerable time behind bars. It is important to know all about the laws that pertain to your case. Your legal counsel can advise you on what to expect. He or she has experience with these matters. This may be the first time that you have been involved in something like this. If it is not, it is even more vital to have proper legal advice.
An experienced lawyer can help you with all of these matters. A good lawyer will take care of many things for you. You will have all of the proper legal options before you. Your lawyer can do many things for you. Did you know that in some cases, you records can be sealed? This means that they are not available to the public. If you are a first offender, you may be able to keep your record clean. There are things that you can do to help your case.
In some cases, you may be able to have charges against you reduced or even dismissed. You need to know every aspect of the law. Since that is not possible, you need legal help that is knowledgeable on all of the laws that pertain to your case.
Your lawyer will explore all possibilities with you. For example, were all of your legal rights observed at the time of your arrest? If not, charges against you may be dropped.
You have a right to defend yourself. If you are in the act of self-defense, striking someone is considered reasonable. If someone means you bodily harm, you may need to kick them away from you. This type of action is not considered aggression. You can discuss the matter with our lawyer. He or she will know the best course of action to take. This is very important.
Accidents do happen. Sometimes arguments can get out of hand. People can slip and fall. Someone can throw things that may cause injury. If injury is not the intent, it may be considered an accident. There are many other factors like these to consider. This is why it is so important to How To Get Domestic Charges Dropped & have proper legal protection.
The Truth about Getting how to get domestic charges dropped
First, it must be established that what you see on television dramas is not at all how things work in real life. Many people innocent of domestic abuse charges find themselves in a great deal of legal difficulty because someone needlessly called the police. It may have been a verbal altercation where one spouse called the police to diffuse the situation, maybe he or she labored under the false assumption that they had the power to press or drop charges.
Only the prosecutor assigned to the case may choose to drop charges against a defendant and he or she is under no obligation to accept the recommendation of the spouse or partner that called in the alleged abuse. If you’ve seen a cop show where someone walks into a police station and says, “I want to press charges” or “I want to drop charges” understand that this is for dramatic purposes and not at all how the legal system actually works.
Getting domestic violence charges dropped because of the unique nature of the crime
Therefore, the case is now left up to the District Attorney’s office where the prosecutor prior to making a determination will look at all the evidence in the case: the tape of call, the police’s statement, doctors (if applicable) reports, neighbors testimony, as well as, the testimony of those living in the house. Laws have changed in the last decade to protect the lives of individuals living in homes where abuse and violence is present. Studies showed that when an individual was allowed to “drop charges” oftentimes violence escalated with sometimes deadly results.
While the testimony of the abused is important to the case, if he or she becomes hostile or changes the version of the events, the prosecutor has the option to continue the case without their assistance. This is very important to understand and accept.
Far too many individuals found themselves in the custody of the state because they believed that their spouse or partner had only to recant for them to be cleared.
An attorney will know how to not only decrease the value of the evidence supplied to the DA, but also how to negotiate the case in such a way as to remove barriers to cohabitation. So what do you do when accused? Get a lawyer that specializes in criminal or family law and have him or her begin immediately. Your changes of having the charges dropped are better with an attorney than trying to have your spouse or partner contact the DA’s office alone.