Introduction
It seems an arrest invariably results when law enforcement is called to respond to a situation regarding domestic violence. The mere accusation of unwanted physical contact or destruction of property is enough evidence for the police to make an arrest.Unfair as it may be, police almost always side in favor of the person making the telephone call to report domestic violence. If you are the one accused, it therefore can be quite easy to feel as if you already are guilty, way before your day in court ever arrives.
Plainly put, a plurality of domestic violence arrests are flat-out unfair. Many are based on either exaggerated assertions or completely false accusations made by a wife, husband, girlfriend, or boyfriend during a contentious moment.
The actual events that triggered many domestic violence arrests are often drastically different from what is contained in police reports. This is especially the case when recreational or prescription drugs and alcohol is involved.
Regardless of what you have been accused of, and the possible altered state in which your accuser may have been, you deserve the very best criminal defense team possible.
Following your arrest
It is a common misperception that alleged victims can choose whether to press charges. On the contrary, it lies with the prosecutor to decide if charges will be pursued or if the case will be dismissed.In many instances, the prosecutor will move forward with charges against the alleged victim's wishes. If the person who has accused you of domestic violence decides to recant anything he or she said to police, gross misdemeanor charges of making a false statement can be brought.
We encourage you to call Zaire & Wade if you have been accused of domestic violence, as it's always best to retain legal counsel as early in the process as possible. In many cases, we can work toward the prevention of:
- The filing of additional charges by the police;
- The filing of criminal charges;
- The filing of court orders prohibiting contact between you and your accuser;
- The filing of more severe charges by the police;
- Your making incriminating statements to the police.
Types of DV charges
Any allegation of unwanted physical contact likely will result in domestic assault charges being filed. A concurrent accusation of damaged property can mean malicious mischief or destruction of property charges will be added on. And it is fairly typical for a court order preventing communication between the alleged attacker and the accuser.Domestic violence police reports often contain a bevy of hearsay, as there usuallt are no witnesses to corroborate the alleged victim's account. When injuries result from a physical altercation, it can be nearly impossible to prove who instigated the contact and who, if anyone, was acting in mere self defense.
Our law firm has successfully defended hundreds of domestic violence clients over the last three decades. We will take it upon ourselves to conduct a thorough, independent investigation with the intent of uncovering all possible evidence that will work in your defense.
We have convinced prosecutors on scores of occasions that they lack sufficient evidence to win at trial, resulting in settlements to either reduce or altogether dismiss the charges facing our clients.
If you have been charged with domestic violence, or if you believe an arrest is imminent, please contact the experienced attorneys at the Law Office of Zaire & Wade today.
We can be reached 24 hours a day via e-mail.
