The Incident
California’s domestic violence laws include a variety of offenses that apply to all intimate partners. Intimate partners include both heterosexual and same-sex couples who are married, divorced, cohabitating, dating and who were dating. An intimate partner abuse charge usually begins as a harmless situation that turns out of control and results in an emotional, highly charged incident. The accused is often left feeling very frustrated, either as a result of also being abused or because the accuser is portrayed as blameless. After the arrest, there are several steps that a defendant should take to ensure that a judge and/or jury hear his or her side of the story.
Hiring an attorney
A California domestic violence conviction is extremely serious. To help avoid the many severe consequences that such a charge carries, it is imperative to contact a skilled defense attorney as soon after the arrest as possible to allow the attorney to analyze evidence and question witnesses while the incident is still fresh. An experienced attorney from The Kavinoky Law Firm examines each case and works with the individual to devise the best possible defense.
The first step that the lawyer will take is to try to get the arrested individual out of jail as quickly as possible. A skilled attorney will help guide the accused through the release process whether it involves posting bail, reducing bail or effectively demonstrating to the judge why the defendant should be released without having to post any bail at all. In addition to the obvious benefit of regaining one’s freedom, there are several other significant advantages to defending a case while out of custody, including slowing down the criminal process. Oftentimes, memories fade, witnesses recant and the strength of the prosecution’s evidence lessen over time. An aggressive attorney will note these discrepancies and pit them against the fresh evidence and witness accounts that he or she previously gathered to help highlight the inconsistencies in the case against the defendant.
Keep a diary
As soon as the incident is reported, it is imperative that the accused begins keeping a detailed diary of all the events that led to the incident, the details about the incident itself and about everything that happened after the incident up until the police arrived. Note taking is critical because most domestic abuse charges involve “he said, she said” allegations and it is often the one who clearly remembers and can articulate the events surrounding the incident who is believed. Once written, the defendant should then turn the diary over to his or her lawyer to ensure its safe-keeping.
The investigation
An experienced California defense lawyer may want to work with a private investigator to help gather all the pertinent facts. Private investigators are often former law enforcement officers who know the criminal system inside and out and know how to effectively question witnesses and uncover facts that are essential to the defense case. The investigator submits his or her findings in a report directly to the attorney, helping the attorney to more fully develop the defense strategy.
Gathering evidence
The attorney and investigator will diligently search for and successfully obtain all records, reports and photographs that are related to the accused’s case. This includes any medical reports for the defendant or the accuser, any pictures that were taken by either party or by the police of any physical injury or property damage and any other evidence deemed relevant by the attorney as it relates to the specific charges. Once all the evidence is collected, the skilled defense attorney can develop the most comprehensive and effective strategy to ensure that the defendant’s side of the story is not only heard but also believed.
When arrested for a California domestic violence charge, the defendant faces life-altering consequences, as his or her family, career and freedom are all jeopardized. Contact a highly reputable and qualified defense attorney from The Kavinoky Law Firm as soon as possible to secure the best defense available. Click here for a free consultation.
