September 26, 2022 | Domestic Violence
Domestic violence charges are serious criminal offenses. You could jail time and fines for a conviction. Additionally, if the court orders a restraining order or protective order, the impact on your personal and professional life could be profound.
The prosecutor already believes you are guilty. Therefore, talking to the prosecutor without a Lexington domestic violence lawyer present is not wise. The prosecutor has one goal: to obtain a guilty verdict, and they will use any you say against you.
Most prosecutors follow the law. However, some prosecutors might use underhanded tactics to win cases. Sometimes, prosecution tactics cross the line and violate your legal rights.
Understanding prosecution tactics in domestic violence cases in Lexington can help you avoid making mistakes that could result in a guilty verdict.
Common prosecution tactics in domestic violence cases include:
Recording Telephone Calls and Visits in Jail
Almost all visits and telephone calls you make from the jail are recorded. The only confidential communication is with your criminal defense lawyer.
Therefore, do not discuss your case with anyone other than your lawyer. Some prosecutors use parts of your conversation with family members and friends out of context to incriminate you.
Also, do not try to contact the alleged domestic violence victim or witnesses. If you do, the prosecutor might allege that you were harassing or intimidating the witnesses and the victim.
Withholding Evidence That Could Clear You of Domestic Violence Charges
The Brady Rule requires the state to turn over all evidence and information favorable to the defense. However, some prosecutors might try to conceal evidence that could prove your innocence. A domestic violence lawyer carefully examines all evidence and files motions when they believe the prosecutor has violated the Brady Rule.
Challenging Your Credibility
Prosecutors try to make defendants appear self-serving when they testify on their own behalf. The prosecutor tries to paint a picture of someone who would say anything to avoid being convicted of domestic violence. The prosecutor might try to make you lose your temper on the stand so they can claim that you have a violent temper.
Using Felony Charges To Force Plea Deals
A prosecutor might charge you with a felony domestic violence offense even if they are unsure whether they can prove the felony charges beyond a reasonable doubt. The purpose of charging you with a felony is to encourage you to accept a plea deal reducing the charge to a misdemeanor offense.
Likewise, the prosecution might charge you with several crimes related to domestic violence allegations. Again, the purpose is to encourage you to accept a plea deal by offering to drop some charges.
Using Protective Orders To Prevent Reconciliation
In some cases, parties might work out the problems that led to allegations of domestic violence. However, you cannot speak to the victim if the prosecutor obtains a protective order. Therefore, you cannot attempt to work out the problem if the prosecutor uses a court order to force you apart.
How To Protect Yourself From Prosecution Tactics in Domestic Violence Cases
Hiring an experienced Lexington domestic violence lawyer to handle your case is the best way to protect yourself from prosecution tactics. Attorneys know how prosecutors handle cases and their tactics to try to obtain guilty verdicts and unfair plea deals.
Your attorney investigates the charges against you and analyzes the state’s evidence. They also file motions with the court if the prosecutor does not follow the law or violates your rights.
If the police arrest you for domestic violence, do not talk to the police or the prosecutor without your lawyer present. Respectfully tell the police officers that you choose to exercise your right to remain silent. Then, contact a lawyer to discuss your case as soon as possible.
Never contact the alleged victim, their family members, or witnesses. Doing so can make it much more difficult to defend yourself against domestic violence charges. Instead, focus on gathering information and documentation for your lawyer that can help prove the domestic violence allegations are false.
Provide your lawyer with copies of emails, text messages, social media posts, and other written evidence that could help prove the alleged victim is lying about the incident. In addition, give your lawyer a list of witnesses and their contact information that have knowledge of the situation. Write down as much as you can remember about the event and give it to your lawyer as soon as possible.
Being accused of domestic violence can result in a permanent criminal record. A conviction could impact child custody, visitation, living arrangements, and your job. Don’t try to handle the matter without a lawyer.
Contact the Lexington Domestic Violence Attorneys at Suhre & Associates, LLC For Help Today
Suhre & Associates, LLC – Lexington
333 West Vine Street #212
Lexington, KY 40507