In domestic violence cases, sometimes the police arrest someone and that person isn’t really guilty of the domestic violence charge. It was simply a scenario where the police were called out and they have to arrest someone because that’s their policy. The individual who gets arrested has to post a $50,000 bail and they’re given a court date, even though they might not be guilty. What I do, as your attorney, is get a letter over to the prosecuting agency. Sometimes, I can even contact the investigating officer on the case and get them some of the mitigating evidence. In some cases, the other party will send them a letter trying to explain what happened.
I definitely believe in pre-filing intervention. A lot of times, we get cases dismissed and a lot of times, the authorities decide they don’t have the evidence required to prosecute. Other times, it’s the groundwork for what we’re going to show, mitigation-wise, and we’re just getting your version of events out there even before they have filed the case. We then have a foundation to start to resolve this matter for you.
Do I Have The Right To Defend Myself In A Domestic Violence Scenario In San Fernando Valley?
Self-defense is definitely a valid defense in Los Angeles, California, when it comes to domestic violence and related matters. People have a right to defend themselves and it makes sense that if someone attacks you, you’re going to defend yourself. In a lot of cases, I see that all people are trying to do is defend themselves. You are entitled to defend yourself when it comes to a domestic violence case but you can only use the amount of force that is reasonable, under the circumstances, to defend yourself. If you use too much force against someone, the courts, juries, and prosecutors are not going to believe your self-defense claim.
How Will A Previous Conviction For A Non-Domestic Assault Impact My Pending Domestic Violence Case? Will The Judge Automatically Assume That I Am Guilty?
The judge and the prosecutors may assume you are guilty, if you’ve got a prior record and now you are committing another violent offense. However, whether they assume so or not, you are entitled to have a jury decide whether you’re innocent or guilty. Another concern would be if you are on probation for the prior offense and you pick up a new case. Then, you have likely violated your probation in Los Angeles County and put yourself in a position where you have to face a probation violation. It’s important to get an attorney on your side, especially if you’re innocent in the new case. They’re going to want to fight it and avoid that probation violation.
The standard for a probation violation is lower than for a criminal offense. You can go to trial on the new offense and be found not guilty but still have your probation violated because a judge found, by a preponderance of the evidence, that you violated your probation by engaging in some sort of fight or violent behavior. It is imperative that you get an attorney who’s been down this road before and knows how to defend these type of offenses.
Am I Allowed To Speak To My Spouse If I Was Arrested For Domestic Violence?
When someone is arrested, they’re typically taken to jail. They have to post a bail, which can be a fifty thousand or twenty thousand dollar bail, in Los Angeles County. The police will generally suggest to your spouse that they go get a restraining order. They will also inform them that the police can issue them a temporary protective order. If your spouse gets one of those and you contact your spouse, you will be in violation of the order and you will be facing a new charge and potential jail time. If your spouse refuses to get a temporary protective order or a restraining order, you are allowed to contact them. If your spouse decides they don’t want to have any type of a protective order or restraining order and you get back together with them, once your court date comes, the judge and prosecutor are going to put a full protective order on you.
You then cannot be near your spouse while the case is pending and possibly after you get a conviction. People have to move out of their homes and many don’t have the financial resources to be able to go somewhere else while the case is pending. In order to try to avoid this scenario, we will have you start taking domestic violence courses. When you get to court, we’re going to make the argument that you have already begun the process of taking domestic violence courses and that you are no longer a danger to your spouse. Then, we can try to get a level one protective order, where you are allowed to have peaceful contact with the other party.
The Prosecutor Is Offering a Plea Deal After Overcharging Me In My Domestic Violence Case. What Should I Do?
Before you decide to accept any plea deal, you’re going to want to have your own private criminal defense attorney, who is familiar with domestic violence cases in the court where your case is pending, review the offer. You’re going to want to sit down and go over all the details with them and then, your attorney will be in the best position to advise you. A lot of times, prosecutors are very tough on domestic violence cases in the Los Angeles area because they are only getting a one sided version of what happened. They’re not getting your side of the story. If you’ve been overcharged, it’s up to your attorney to get lesser charges for you.
How Do Police Determine Who The Aggressor Is In A Domestic Violence Case?
In domestic violence cases, the police sometimes have very quick, difficult decisions to make because they have a policy that if they’re called out to the scene of physical violence, they’re going to arrest one of the parties or both of the parties. What they’re trying to determine is who the aggressor is and who acted in an unlawful manner. The police are tasked with protecting the public and the victims of crime. Once they determine who the aggressor is, they’re going to arrest one of the people. A lot of times, they get a wrong. A lot of times, they shouldn’t be arresting anyone, but they do. You need a top-level domestic violence defense attorney on your side to protect your rights, freedom, and reputation.
How Can I Get My Things Out Of My House After Being Arrested And Charged With Domestic Violence?
If there’s some sort of protective order, you don’t want to go into your house because you may come in contact with your spouse. Under those circumstances, you would need to get some sort of law enforcement to escort you. If there is no temporary protective order, you can go back to your house but you should be extra careful because your spouse could call the police again and then, you’re going to get arrested again and have two cases pending against you. Always get instructions from your criminal defense attorney.
Should I Ask My Girlfriend To Recant False Allegations Of Abuse?
If your girlfriend lied about what happened, she has an obligation and a responsibility to tell the truth. However, you have to realize that the prosecutors and the judges are used to the victim changing their story for all sorts of reasons. The bottom line is, they will likely still prosecute the case because it is very difficult for prosecutors and police to tell whether the story is being changed because it’s really the truth or if the victim is simply trying to protect their spouse. You do not want to get involved with trying to get people to change their stories because you will end up being charged with intimidating a witness. If a person changes their story on their own, then it will be up to the prosecutors and the judge to assess that and make a determination. Of course, your defense attorney should be there making arguments on your behalf and bringing evidence to support the new story.
Why Am Only I Being Charged With Domestic Violence When My Partner And I are Equally To Blame For Hurting Each Other?
When police get to a domestic violence scene, they’ve got to make a snap decision on who the aggressor was, and who the one who acted unlawfully was. A lot of times, the police get it wrong. They don’t have all the information and they have a policy of arresting people when there’s been violence, and they’re not always right. The person who can help get it right for you is your domestic violence defense attorney. You need to give them all the facts and circumstances surrounding the case. Let them do their job and help you. Then, you’re going to be in a position to be able to make your arguments and show the prosecutor that you weren’t the aggressor and you shouldn’t have been arrested.
For more information on Dismissal Of Domestic Violence Charges, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0940 today.