A Fort Lauderdale Criminal Defense Attorney Explains Potential Defenses When Fighting Domestic Violence Charges
Disagreements among spouses or relatives can escalate out of hand very quickly, potentially resulting in a call to the police and jail time for one of the involved parties. It is a harrowing experience that can last for a protracted period of time.
A charge of domestic violence can have far-reaching and negative implications for those individuals faced with this offense. It is imperative to seek out a Fort Lauderdale Domestic Violence Defense Lawyer to help you navigate these complex issues and put yourself on a path to successfully defending your case.
Often the alleged victim in a domestic violence case does not wish to prosecute the case. However, the State has the ultimate discretion in determining if a case is going to be filed. We'll explain a few defense tactics our Fort Lauderdale criminal defense attorney may use to fight for your rights.
The Benefits of Representation by an Experienced Fort Lauderdale Domestic Violence Attorney
If you have been charged with domestic violence, you may feel embarrassed and upset about the situation. Broward Domestic Violence Lawyer Dave Simmons at the Law Office of Dave L. Simmons, P.A., will formulate a comprehensive defense strategy with the focus of having your case dismissed or the charges reduced to a lesser offense. He may use various defense tactics, including:
Early Representation
Often the alleged victim in the case does not wish to press charges in the case. When a defense attorney is retained early on in the process, the chances of a more favorable outcome are increased. Police officers do not file criminal charges. After completion of their investigation, they turn the case over to the State Attorney’s Office to make a filing decision. The State Attorney will review the case and file any case that they feel will have a likelihood of conviction. It is during this time that a defense attorney may contact the filing attorney and discuss the details of the case, pointing out possible weaknesses in the case in an attempt to convince the State Attorney not to file the charge or to file a lesser included offense.
Waiver of Prosecution
When the alleged victim in a domestic violence case does not wish to press charges in the case, a defense attorney can help facilitate a Waiver of Prosecution. A Wavier of Prosecution is an affidavit signed and notarized by the alleged victim indicating a desire not to press charges. My firm, in this circumstance, would seek outside counsel to speak with the alleged victim to avoid any appearance of a conflict of interest. The Waiver can also be generated through the State Attorney’s Victim Advocate Unit. All though helpful and persuasive in a domestic violence case, a Waiver of Prosecution may not have the ultimate effect of dismissing the case. The State Attorney’s Office will have the discretion to go forward with charges even when an alleged victim has made his or her intentions clear that they do not want to go forward and press charges.
Self Defense
Many times, the accuser may have been the aggressor in an incident. This often arises out of a lack of a comprehensive investigation by the police agency investigating the case. Some of the issues that an attorney will investigate are whether the police properly interviewed all the witnesses on the scene, whether they interviewed both parties to the incident, or whether there was a rush to judgment. It is important to have a skilled domestic violence attorney to help convince the State Attorney that they have charged the wrong person in the case and that the case should be dismissed.
Defense of Others
Your attorney may argue that you used force against another person as a necessary measure to prevent them from harming another family member.
False Allegations
Sometimes family members falsely accuse others of domestic violence. Sometimes, general anger about the relationship can cause this type of false allegation. Many times, the allegation is used to gain an upper hand in child custody and divorce situations. A skilled domestic violence lawyer will help you defend against these types of manipulation.
No Contact Order
After an arrest has been made in a domestic violence case, a “No Contact Order” is most often ordered by the Court. This “Order” means that the Defendant or Accused may have no contact, directly or indirectly, with the alleged victim or accuser. This Order can be withdrawn upon the request by the alleged victim in a hearing before the Court.