Defending Domestic Violence Charges
Immediate Action Notably Necessary in Domestic Violence Cases
An aggressive defense starts well before the courtroom. The choice of attorney is critical, and selecting an attorney should be the first step. A capable attorney knows the urgency required of domestic violence cases, and will quickly take actions like those below to orchestrate the best possible outcome. Ben can engage in these immediately, even on the weekends:
Immediate Bond Review
When most people get arrested and booked, bond is set and the defendant can be release within 8-12 hours. In cases involving domestic violence, it is court ordered that there be no bond so set until the defendant goes in front of a judge. Consequentially, most people arrested for domestic violence stay in jail for at least 24-48 hours. Calling Ben means he can go to court during the first appearance to argue for immediate bond and could present reasons why there should be no bond. Involving an attorney early in the process can drastically reduce time spent in jail.
No Contact Order
It is typical for the judge to issue a “no contact” order between the accused and alleged victim when setting a bond or releasing the defendant from jail in domestic violence cases. The “no contact” order prevents the parties from being near each other or having any correspondence. While the accused cannot speak to the victim, the attorney can. If appropriate, he can argue to lift the “no contact” order to allow visitation with family and children. At the very least, he can facilitate communication.
Fast action from an attorney will also help to verify evidence, or lack thereof. A lot of evidence in domestic violence involves medical state, which changes rapidly. For instance, domestic battery via strangulation is a low level felony, but it sounds terrible, looks bad on a record and is aggressively prosecuted. A good attorney will fight to change the charge if there is no evidence consistent with the it.
Experience Helps Mitigate Circumstances in Eyes of Prosecutors
It is a huge advantage to select an attorney with experience as a prosecutor. They have the advantage of knowing how a prosecutor thinks and can use that knowledge to build the strongest possible case. For instance, an attorney may suggest anger management classes or counseling if they believe the prosecutor would respond favorably based upon previous behavior.
Long-Term Consequences of Domestic Violence
The long-term consequences of a domestic violence charge are grave. A domestic violence record can affect employment, professional license status, concealed carry permits and even the ability to own a firearm in general.
Worse yet, unlike most misdemeanor crimes, a domestic violence record cannot be expunged. Even if a withhold of adjudication verdict is rendered (which is essentially a non-conviction), the domestic violence charge will remain and cannot be removed.
Work the System to Your Advantage
Do not leave the outcome to chance. Every defendant deserves an aggressive defense to protect their rights. It is the only way to get charges dropped or reduced before the case gets to court. If evidence is strong and a trial inevitable, the services of a capable attorney are even more important.
Board Certified Trial Attorney with Domestic Violence Experience
A Board Certified Trial Attorney has demonstrated and proven their skill by exam and peer review. In Florida, less than two percent of practicing attorneys have received certification. With everything at stake in a domestic violence case, why settle for less than the best.
Attorney Ben Stechschulte is Board Certified Trial Attorney and a former prosecutor. He has successfully defended hundreds of domestic violence cases with a proactive approach.
Call for a free consultation.