Domestic charges are unique. They arise, by definition, from the context of relationships. The circumstances are complicated and the existence of a crime can sometimes be hard to discern.
From handling numerous domestic related prosecutions, one of the most frequent occurrences is when the victim decides, after the fact, to ‘drop the charges.’ You need to be aware that the victim has every right to request the district attorney to ‘drop’ the charges, but the district attorney is not ‘obligated’ to satisfy this request. So, you must be prepared to put forth your defense and not rely upon the victim’s request.
If you were arrested on a domestic related charge, a protective order is automatically put in place. Violation of the protective order is a separate criminal offense. Do not try to contact the victim – making such contact is a crime. Often the victim will try to contact you – unfortunately allowing this contact places you in jeopardy of being arrested or booked on a new charge. If you are contacted by the victim, you need to tell him or her that you are not allowed to speak with him or her, until the charges are resolved and the protective order lifted. Keep it simple and do not engage in extended conversations over the phone, particularly if you are incarcerated, where all of your calls are recorded and monitored.
Once you are arraigned on a domestic abuse charge, your attorney needs to thoroughly review the evidence and then you need to be forthcoming about the context that led to the event. What has happening that day? Has there been a period of tension dating back before the ‘incident?’ Your attorney needs to know the whole situation to examine who was the aggressor; was this self-defense; was there a misunderstanding that led to the arrest, etc.?
Even if you have a strong defense, it is almost always in your best interest to pursue some type of mitigation. At minimum you can take an anger management class or personal counseling. Taking efforts to improve your case is not an admission of guilt, it is just taking the opportunity to grow and make your defense even stronger. If you are convinced your defense is strong enough to not require any mitigation, that is something we can discuss during our initial consultation. I strongly believe every case is unique and I will listen to your position.
My Mission
The Greg Webb Commitment
I strive to know you as an individual because I value your worth as a person. I recognize that your case is only a snapshot of who you were in a moment and I will diligently defend you against the criminal charges against you. My mission is to provide you with high quality, creative and result-oriented legal advocacy to help you through this trying time.