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 dont 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 others
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. Dont 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 dont 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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