Generally speaking, criminal arrests all follow the same procedures form the moment a suspect is processed until they are taken into custody and through their arraignment hearing. However, domestic violence charges are treated a little bit differently. Read on to learn what you should expect if you are facing domestic violence changes then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation with an experienced attorney.
You Have a Constitutional Right to Not Incriminate Yourself
The first and most important thing to remember is that you have a constitutional right – give and affirmed by both the U.S. and the state Constitution – to not incriminate yourself. You also have a right to legal counsel. Use them both. Do not talk to the police. Do not admit or deny anything. Even if you are entirely innocent and believe that the misunderstanding can be cleared up quickly, you may be surprised to learn how your words can be used against you.
Do not answer any questions other than who you are. Tell them immediately that you want your criminal defense attorney. They are not legally allowed to continue questioning you – though they may try to anyway. Simply repeat that you would like to speak to your attorney. This is the most important thing you can do to significantly increase the chances of minimizing the charges or avoiding them altogether.
There is Generally a Pre-File Investigation into Domestic Violence Charges
In most cases, the police will assign a detective to do an additional investigation to supplement the initial findings of the responding officers. This investigation can involve interviewing the alleged victim, any witnesses, and you. If a detective contacts you and asks to interview you, there is no circumstance under which you should do so without your attorney present. Assume that this detective is not on your side. Assume that they will use anything you say against you.
The fact of the matter is that the police and detectives too often coerce people into waiving their right to not incriminate themselves. They will appear friendly and will say they want to hear “your side of the story.” In truth, anything you say can – and will – be used against you. You do not want to give the prosecution something to use against you.
Expect That Your Attorney Can Help You with the Charges You Are Facing
The ideal situation is one in which you call Law Office of Michael L. Fell before the charges are officially filed and we are able to convince the prosecutor that there is not enough evidence to file the charges at all. If the charges are already filed, we can work to show inaccuracies or weaknesses in the prosecution's defense that could result in the charges being dropped or an acquittal at trial.
However, even if there is a wealth of evidence against you it is still worth contacting a criminal defense attorney. We can carefully assess your case and look for leverage to use to find the best possible plea bargain for your case. Call [busienss] at (949) 585-9055 to get started.