Why I Defend D.V. Cases
 


I have been a criminal defense attorney since 1991 and represent clients in criminal cases including domestic violence, assault and battery, and restraining orders. Domestic violence cases often have good facts and are worth fighting. Many people who get arrested have made mistakes but have not broken the law. You don’t have to commit a crime to get taken to jail by the police, especially in domestic violence cases.

People charged with crimes need attorneys because the judicial system is adversarial. The prosecution charges defendants with the most serious offenses the facts in the police report can support, and the police write reports to support convictions. A defendant must enter a plea of not guilty at their arraignment when they appear in court for the first time.

Most people believe men are more aggressive than women. Men do tend to be bigger than women, are more likely to use weapons, and are more frequently in sensational cases in the news. However the man/bad woman/good model is false. In many cases women are as physically aggressive or more aggressive than men in their relationships. Psychologists describe domestic violence as a two-way street where the abuser and the abused can exchange roles. Domestic partners in abusive relationships are angry at each other. They push each other’s buttons to provoke violence. They often take turns being violent towards each other. See Are Court Biased.

Police arrive at a home where a couple has been fighting and have to decide who the primary aggressor was. The police arrest the person who they suspect used the most force but they did not see the incident. Sometimes the police arrest both people. The police are biased towards arresting men.

People are emotionally vulnerable when they appear in court on criminal charges. Don’t be in a hurry to get your case over with. Pleading guilty to one-sided allegations at the first appearance invites an unfair resolution of your case. Do not disregard your constitutional right to representation. At the pretrial conference, the second appearance, a lawyer has a good chance or making a favorable plea bargain, with the least impact on your record. Sometimes a case has to have several pretrial appearances and be prepared for trial in order for you to obtain a dismissal. Some cases have to go to trial. Even if you don’t have a defense and a no contest plea is inevitable you need a lawyer. See punishment, invasion of privacy, and trial issues.

 

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