why would a person that got arrested need a lawyer for domestic violence

If you have been charged with domestic violence, it is important to seek legal guidance. You could be entitled to serious, life-changing consequences. If convicted, these penalties affect a person’s personal and professional relationships, employment and housing. Penalties Are Significant

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What happens if I am arrested for domestic violence?

I was arrested for domestic violence. What happens next? If you have been arrested for domestic violence (DV), you need to know what happens next. You will need to appear before a judge before posting bond and ready yourself to go through the criminal court proceedings.

Is there mandatory arrest in domestic violence cases?

Domestic Violence Cases Mandatory Arrest in Domestic Violence Cases: A Criminal Defense Lawyer’s Perspective. Why did Someone Get Arrested for Domestic Violence and Taken to Jail? If you or a loved one has been arrested for a crime involving Domestic Violence, sometimes it is not so clear why the police officers decided to arrest one party.

Why don’t more police officers respond to domestic violence?

Also, some officers may be unwilling to embrace the “new and progressive response” to domestic violence, especially if it challenges personal stereotypical gender role beliefs. Some officers also tend to view all domestic violence in terms of their own experiences in intimate relationships.

What does it mean to successfully prosecute a domestic violence charge?

Successfully prosecuting a defendant for domestic violence means that the prosecutor must prove each element of the offense by the standard of beyond a reasonable doubt. The elements of domestic battery are: The person whom you touched is a current or former intimate partner

What happens if you don't get convicted of domestic violence?

Even if you don’t get convicted, you will spend time in jail after your arrest while waiting to see a judge. Domestic violence charges are very serious and could result in fines, jail or prison time, and orders to stay away from the alleged victim. If you are facing domestic violence charges, read on to learn more about what they entail, ...

What are the requirements for domestic violence?

The 48 hour period begins from the time of the arrest. Once a defendant is released after a domestic violence arrest, typical release conditions include: 1 No contact with the alleged victim, including at work, home, school, etc. 2 No assault, harassment, or threats to the alleged victim 3 Damaging or removing items from the victim’s property is prohibited 4 Child visitation may be limited 5 No alcohol consumption

How long does it take to get convicted of assault by strangulation?

Assault by strangulation is a domestic violence felony charge. It is a class H felony, which could bring between 4 and 25 months in prison. To be convicted of assault by strangulation, prosecutors must prove that the offender committed an assault on the victim and caused an injury by strangulation.

How long is assault and battery in jail?

Any assault, assault and battery, or an affray with a deadly weapon is a misdemeanor offense that could result in 30 days in jail for the first offense and 60 days in jail for second or subsequent offenses.

How long does it take to get released from a domestic violence case?

Once 48 hours pass, a magistrate may set the release conditions, but not before that. The 48 hour period begins from the time of the arrest. Once a defendant is released after a domestic violence arrest, typical release conditions include: No contact with the alleged victim, including at work, home, school, etc.

What is domestic violence in North Carolina?

Domestic violence in North Carolina is the commission of one or more of the following acts against a child or adult with whom the accused has a personal relationship: Attempting to cause bodily injury. Intentionally causing bodily injury.

When is a mandatory arrest required?

There is also a requirement for a mandatory arrest of an offender when the officer believes that they have violated a DVPO that excludes them from the residence or household of a domestic violence victim.

What happens if you are arrested for domestic violence?

If you have been arrested for a domestic violence charge, chances are your life has been upended in more ways than one. Not only did you have to pay significant bail to get out of jail, most likely you were served a domestic violence restraining order by the judge handling your case at the first court appearance.

What is the worst thing you can do when you are charged with domestic violence?

The worst thing that someone faced with a criminal domestic violence charge could do is represent himself and the next worst thing would be to plead guilty at the arraignment and be sentenced by the judge. At a minimum always contact an experienced attorney.

How many jurors are needed to prove a case?

That is a very high standard (the highest legal standard) of proof needed to prove a case to all twelve jurors unanimously. If any one of the jurors is not convinced beyond a reasonable doubt that the crime was committed the result is a mistrial at the worst and a dismissal of all charges in a best case scenario.

How to convince a district attorney that their case is not easy to prove?

Make sure that you select one who has experience handling domestic violence cases and has litigated some cases through trial.

What are the strategies used at trial to create reasonable doubt?

Strategies used at trial to create reasonable doubt come with years of practicing law and having domestic violence trial experience. Picking the right jurors to listen and hear the facts of a case are critical and the selection of unbiased and reasonable jurors is very important.

Why does the District Attorney not want to cooperate with the prosecution?

The District Attorney is expecting that the alleged victim (usually a female spouse or girlfriend) does not want to cooperate with the prosecution of the case for obvious reasons: financial support, help with the children etc.

Do police reports testify at trial?

Police reports don’t testify at trial. They are hearsay and are not evidence. As such, it is important to show a different side to the story when negotiating with the prosecutor, a story that they are not fully aware of by just talking to the police officers and reading the reports.

What is the law in Washington state regarding domestic violence?

Regardless of what city or town you are in, whether you are in Seattle, Redmond, Everett or Olympia … whether you are a civilian or in any branch of the armed services, it doesn’t matter: Washington state law requires all state police officers to make an arrest and take someone to jail if they believe they have probable cause to determine who was the primary aggressor in an act of domestic violence that involves any physical violence; or, at minimum, fear involving imminent serious bodily injury, and the event happened within the last 4 hours . The law does not require visible injuries, nor does it distinguish between felonies and misdemeanors. RCW 10.31.100 (2) (c). In short, whether or not it is fair, if someone is present and police find by probable cause (a surprisingly low standard) they were the primary aggressor in a domestic incident within the last 4 hours, that person is going to jail.

Why are police officers arrested in Washington?

If you or a loved one has been arrested for a crime involving Domestic Violence , sometimes it is not so clear why the police officers decided to arrest one party. On “wobblier” cases (cases where the facts do not clearly support arrest or charges), police officers arrest because (1) Washington is a mandatory arrest state where officers have been held civilly liable for not taking action and (2) Washington is a pro victim label state, in statute, politics and law. What this means is if someone is labeled a victim, rightly or wrongly, the system will bend in his or her direction.

What happens if you are present in a domestic incident?

In short, whether or not it is fair, if someone is present and police find by probable cause (a surprisingly low standard) they were the primary aggressor in a domestic incident within the last 4 hours, that person is going to jail.

What are the consequences of a quick and/or biased judgment call?

The consequences of these policies are that a person can be arrested on a quick and/or biased judgment call by police erring on the side of caution based on mandatory arrest laws. Also, in general, reports are written to substantiate the arrest.

What is the number to call for domestic violence in Florida?

If you are facing domestic violence charges in Florida, call Goldman Wetzel in St. Petersburg today at 727-828-3900.

What does the judge do in a DV case?

With DV cases, the judge will issue a no-contact order that prohibits any contact between you and the alleged victim.

What does Goldman Wetzel do in a DV case?

Should your DV case reach trial, Goldman Wetzel will ensure that we are fully prepared to advocate for your best interests in the courtroom. We will build a solid defense strategy, e.g., discrediting the alleged victim, showing motive, showing you were acting in self-defense, and prepare the evidence accordingly. The potential penalties depend on the outcome of your trial.

How long after arrest can you bond out?

The state will likely set the hearing within 24 hours of your arrest.

Who reviews statements made by the defendant and victim?

A prosecutor will review any statements made by the defendant and victim. In some cases, a victim will make a verbal statement that is noted by police followed by a written one that will contain inconsistencies that an experienced defense attorney will exploit to challenge the veracity and credibility of the victim.

What happens if a physician testifies that the injuries were not serious?

If a physician testifies that the injuries were not serious, or that the victim was exaggerating the symptoms, then this could convince the prosecutor to at least file less serious charges relating to the incident. 2. Inconsistent Statements. A prosecutor will review any statements made by the defendant and victim.

What happens if you hug your ex without her consent?

If you hugged your ex-fiance without her consent or put your arm around an ex-girlfriend, your act is likely insufficient to rise to the level of offensiveness or harmfulness to constitute a battery for domestic violence purposes.

Why do you need a motive to fabricate an incident?

having a motive to fabricate the incident because the parties are embroiled in contentious custody or property distribution battle. This might convince a prosecutor that there is insufficient evidence to convict the defendant and to decline to file the charges.

When appellate courts review an issue regarding sufficiency of the evidence, the standard is if the trier answer

When appellate courts review an issue regarding sufficiency of the evidence, the standard is if the trier-of-fact upon viewing the evidence in the light most favorable to the prosecution would conclude that no rational fact-finder would have found the defendant guilty beyond a reasonable doubt. 1. Domestic Battery.

Does lack of visible injuries mean domestic battery?

The lack of visible injuries does not necessarily mean that a domestic battery did not occur and is not required in order for a defendant to be charged with domestic battery. All the prosecutor needs in order to charge you is evidence of a harmful or offensive touching.

Is it offensive to touch someone without their consent?

If you intentionally touch someone without their consent, it is potentially an offensive act. Under the law, “the least touching may constitute battery; force against a person is enough and need not be violent or severe and does not need to leave a mark. It is enough if the victim’s feelings are injured by the act.”.