Being charged with domestic violence comes with numerous consequences, both legal and otherwise. Not only may defendants face harsh penalties, but their reputations may be forever tarnished, even if the allegations prove untrue. If you are charged, call a lawyer for help as soon as possible.
Do not resist the police during the arrest, even if you know the allegations against you are bogus. At the same time, you do not have to answer questions from law enforcement about the alleged incident, and you should invoke your right to remain silent. Demand to call a lawyer as soon as possible. Once your attorney is with you, you can determine the best way to approach the case and disprove the charges.
Contact our domestic violence defense lawyers for a free, private case assessment by calling Kenny, Burns & McGill at (215) 774-5644.
What to Do if You Are Arrested for Domestic Violence?
Being arrested for any reason can be frightening, and many people do not react well. The best thing you can do for yourself is to stay calm and cooperate as best as you can.
Warrantless Arrests
In Pennsylvania, the police may execute a warrantless arrest in domestic violence situations if sufficient probable cause exists when they arrive at the scene of the incident.
If you are arrested without a warrant, your lawyer should challenge the police to prove there was sufficient probable cause to arrest you.
Cooperate with the Authorities
Although it can be difficult, you should cooperate with the police. Do not resist being arrested. Any physical resistance may be met with serious force, and you could be charged with resisting arrest.
You should cooperate with the police but avoid answering questions about the incident. You may be taken into custody, but you should invoke your right to remain silent. It can be tempting to try to explain your side of the story to the police, but this may do more harm than good.
Call a Lawyer
Once in police custody, demand to call a lawyer as soon as possible. Do not answer questions about the alleged domestic violence incident unless you have a lawyer present.
The authorities cannot pressure you to answer questions. If you invoke your right to remain silent and your right to a lawyer, questioning must cease immediately. If the police continue asking questions without your lawyer present, tell your lawyer as soon as they get there.
How Can You Challenge Domestic Violence Charges in Delaware County?
Fighting domestic charges is possible, but it can be difficult. Domestic violence is often highly emotionally charged, and the authorities are unlikely to be very sympathetic to your claims.
Lack of Evidence
After our domestic violence defense lawyers review the prosecutor’s evidence, we may find that their evidence is severely lacking. If we believe there is no way the prosecutor can meet their burden of proof, we can file a motion to dismiss the case for lack of evidence.
Even if the case is not dismissed, we may have an easier time convincing the jury of your innocence when the evidence against you is very weak.
Dishonest Witnesses
Unfortunately, many domestic violence cases stem from false accusations. Often, a spouse or romantic partner will lie about domestic violence as a way to retaliate against their partner after a fight or disagreement.
A typical sign of dishonest victims and witnesses is that their stories do not line up. Each witness might tell the same story but with somewhat different details. This may indicate that the entire story is false.
Recanted Statements
Alleged victims of domestic violence often recant their statements for various reasons. In many cases, the “victim” was never the victim of domestic violence and called the police as a form of retaliation after an argument or fight. Once they realize their actions have created very real legal problems, they may recant.
While prosecutors may move forward with domestic violence charges after a victim or witness recants, the fact that they recanted may significantly weaken the case.
What Evidence May Be Used Against You in a Domestic Violence Case?
Before we can determine the best way to fight your domestic violence charges, we need to understand what evidence will be used against you.
Victim’s Medical Records
If the alleged victim in your case claims that they were badly injured and went to the hospital, we can demand to see their medical records during the discovery phase. If they refuse to provide these records, we can ask the court to compel production. If they still refuse, they may face penalties or sanctions.
Your Statements
Anything you say can and will be used against you. If you made any incriminating statements to the police, even unknowingly, they may be used against you in court. In many cases, defendants do not realize what they are saying is even incriminating. They are only trying to explain their side of the story to avoid being arrested.
The bottom line is that you must avoid saying anything to the authorities without a lawyer. You never know what statements you made could later be used against you.
Witness Testimony
Domestic violence cases often rely on testimony from the victim and any witnesses. The police officers who responded to the call for help may also testify about what they saw before they decided to arrest you.
In domestic violence cases, dishonest victims are an unfortunately common problem. On top of that, witness testimony is not always accurate. People may misremember things or embellish details to the point of distorting the truth. We may call our own witnesses who can back you up and contradict what opposing witnesses may say.
Can You Go to Prison for Domestic Violence in Delaware County?
Yes. Domestic violence is not a single criminal charge, but a category of charges that apply to crimes committed against family members, romantic partners, or people you live with. Domestic violence is often considered a serious aggravating factor, and penalties, including jail time, are usually harsher for it.
Can You Contact the Alleged Victim in a Domestic Violence Case?
No. Under no circumstances should you directly or indirectly contact the alleged victim. In many cases, courts will impose a temporary protection order that prohibits domestic violence defendants from contacting the victim or even being near their home or place of work. Contacting the victim may be a violation of this order, and you may face additional penalties.
Contact Our Delaware County Domestic Violence Defense Attorneys for Help Now
Contact our domestic violence defense lawyers for a free, private case assessment by calling Kenny, Burns & McGill at (215) 774-5644.
