How should you handle an allegation of Domestic Violence?
What Is the best way to handle a Domestic Violence Case?
If you are sitting at home and you get into a fight with your girlfriend or boyfriend and the cops get called. When there has been some sort of allegation of domestic battery, the cops are going to come. They are going to come with some sort of preconceived notion already that you have done something wrong. Trying to explain yourself to them always gets you in trouble, so do not explain yourself.
When the cops get there, you are going to say, “I know I have a Sixth Amendment right to have a lawyer present at any questioning. I don’t wish to be questioned”. You must exercise your Sixth Amendment right, so that they are going to stop talking to you.
Then the police are going to talk to the alleged victim. The alleged victim is going to say a bunch of nasty things, but you are just going to keep your mouth shut. If the cops are going to arrest somebody, they are going to arrest you no matter what you say, so let them arrest you. Be cordial with the police; do not say anything as far as what is happening with your case. If they start to question you again, just say, “I only want to be questioned with a lawyer present”. If you have never been in any trouble before, the odds are within forty-eight hours that they are going to bring you in front of a judge. Most of the time, it is during the week unless you get unlucky and it is a weekend.
They are going to bring you in front of a judge; you are going to have a chance to ask for bond. The judge will give you a bond unless you have some sort of terrible criminal history or some unexplained circumstances like you did not show up to court in the past. They will give you a bond. You will make that bond either through communicating with a friend or family member to bond you out. Sometimes, they will just give you a signature bond and you can sign yourself out. Right then, the best thing you can do is to make sure you really pay attention to your bond conditions.
Violating bond can be the difference later on from going to jail and not going to jail, going to prison and not going to prison. So, you want to follow your bond conditions to a T. Then you are going to talk to a lawyer. When you go talk to your lawyer, you are going to interview a couple of lawyers, not just pick the first person that you talk to. Interview a couple of lawyers to make sure that the lawyer knows what he is talking about. Make sure that you can trust him, that he is not going to be telling you things that are not true or trying to sugarcoat something that does not need to be. Once you have yourself a lawyer, the best thing you can do is exactly do what your lawyer says, like it was the gospel. Listen to what they say and your case will always work out a lot better than when you start going out on your own making up your own ideas.
What Happens After You Have Been Arrested For Domestic Assault?
After they have been arrested, only five percent of people will say, “I want to talk a lawyer”. The other ninety-five percent will try to talk themselves out of it. Once you invoke your right to have a lawyer present, the police should stop questioning you altogether. If the police continue to question you, you are going to have a very good argument to suppress any fact that they derive from that questioning. Most people try to talk themselves out of trouble and end up just talking themselves right into trouble. One thing to remember is that the police are trained. They are not trained to discover evidence and exculpate people; they are trained to manipulate people into confessing.
That goes for everything, not just domestic battery. Therefore, it is best to always keep your mouth shut. People think that when they get arrested, that is their time to strike a deal because they watch TV shows and TV shows normally show officers saying, “Oh, we can cut you a deal if you can do this our way”. Don’t fall for that. You are way, way better off to hold whatever information or whatever you are going to say and use it as a bargaining tool with your lawyer at a later date.
Read on to find out What is the best way to handle a Domestic Violence Case or call the law office of Copley Roth & Davies LLC to Request a FREE Consultation at (913) 451-9500 and get the information and legal answers you’re seeking.
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