Domestic Violence Criminal Defense Explained Part OneLet's say there has been an incident between you and your girlfriend and someone has called the police. What was a private matter is no longer private. Now you have to explain yourself to a third party. It is often a "she said, he said" matter. Unfortunately for men, usually the police will choose to believe the woman. Who will become the victim and who will become the defendant often depends on who called the sheriff or police or who claims to have been injured. Of course, sometimes things are not that simple, and it is always best to stay out of the system to begin with. Do not let anyone tempt you into making physical contact first. If your girlfriend is hysterical and slapping you, run the other way, get out the door, drive away: do anything but let things get to the point where you do something causing the police to be contacted. If you think the other person is going to call the law enforcement, often the best defense is offense: call the cops yourself. Whatever you do: never physically attempt to stop your partner from calling the police. This will be become an additional charge. Now for some really bad news: Even if the victim later decides not to press charges, this will not help you in many California counties today. The D.A. decides to bring charges, no one else-not the court, not the police, not the victim. District Attorneys are motivated to do things that the public will perceive as punishing offenders and protecting society. Once the cops are called the process begins. The D.A. may feel the victim has been coerced into changing her (or his) story. Most D.A.'s assume the original claims are true. Despite this, it is extremely helpful to defense counsel if the assaulted or abused party indicates to the police and D.A. that she or he does not want to cooperate with the prosecution. Labels: Domestic Violence Criminal Defense Explained Part One |
