Domestic ViolenceMany clients wonder if they should hire an attorney to represent them in their domestic violence case. Often, the victim may not want to “press charges,” so it may seem like the situation is not that serious. A conviction for a domestic violence case has a lot of severe consequences that can have a lasting impact on your reputation and ability to seek employment. An Experienced Domestic Violence Defense Attorney in Albuquerque can help minimize the consequences of an arrest and obtain the most favorable resolution. Also, domestic violence cases can take a significant amount of time to resolve, and often having an attorney working on your side can help make the process go more quickly.
Criminal Cases are Adversarial Proceedings
A domestic violence case is a criminal prosecution, the State of Connecticut is the complainant, and you are the respondent. The victim does not have the power to drop the charges. The state’s attorney’s job is to prosecute you. The state’s attorney will decide on whether to drop the charges based upon the facts of the case. Your domestic violence defense attorney’s job is to conduct an independent investigation and review of the facts and present your side of the story.
If you ever noticed in the news even when prominent lawyers get arrested for domestic violence and other criminal allegations, they always retain separate lawyers to represent them. The reason why lawyers always hire lawyers to represent them is that it is difficult to effectively advocate on your behalf in the context of a criminal proceeding given its adversarial nature. When it comes to negotiating a resolution of your domestic violence case, the best approach is to hire an attorney with extensive local experience dealing with the state’s attorneys and judges who are handling your case. This kind of local insight is invaluable in knowing which approach is most likely to achieve the desired result.
Meeting with Family Relations – Next Day Arraignment
All domestic violence cases in Connecticut have a mandatory next-day arraignment. The primary purpose of the arraignment is to impose a criminal order of protection in favor of the victim. The first step in the process is a meeting with the office of family relations, who will conduct a lethality screening and make recommendations to the court concerning the type of restraining order that will be recommended.
Orders of protection can have a profound and lasting impact on your life and prevent you from returning from your family home and, in some cases, from having contact with the victim during the duration of the case. It is essential to have legal counsel to advise you during a domestic violence arraignment and act as your liaison among all the decision-makers who need to be influenced on your behalf.
It is essential always to remember that everything you say to a family relations officer is noted and will be used against you. In some severe domestic violence cases, it is better not to participate in the meeting with family relations. Having an attorney to guide you through the process and speak on your behalf can be highly beneficial.
Building your Defense Case
While you certainly can represent yourself in a criminal domestic violence case often if you don’t have experience in court procedures and practice book rules, you are a sitting duck. A significant advantage in using a domestic violence attorney to represent you is in having an experienced advocate who can coordinate the collection of exculpatory evidence.
