All criminal detentions in California follow a standard procedure from the time police take the accused person into custody, through to the initial court appearance or arraignment. However, law enforcement authorities follow a slightly different course of action with domestic violence accusations and subsequent arrests.
Seeking legal counsel at the earliest stage can go a long way in reducing the adverse consequences of a domestic violence charge or trial. Enlist the services of a competent California criminal defense lawyer as soon as you can to help you with the domestic violence charges against you.
If You are Arrested on a Domestic Violence Charge in California
Following an arrest on charges of domestic violence, the law enforcement authorities initiate further investigations into the matter. The department usually appoints an investigating officer to follow up on initial evidence found in a domestic violence arrest with an additional probe.
You, as an accused in a domestic violence offense, are likely to be called upon for questioning by a detective assigned to the case. If so, you must remember not to agree to an interview without the presence of your lawyer.
The detective is trying to collect supplemental evidence to incriminate you. Beware of being lured into waiving your 5th amendment rights in lieu of a chance to narrate your version of the story. Admission of guilt or any other damaging statements may compromise your defense against the charges in a court of law.
Your statements to the police at the time of your arrest can help bolster the prosecution case against you. Any attempts by you to change your statements subsequently can be harmful to your credibility and help the prosecution further.
In California, the state can prosecute a person accused of domestic violence even without the alleged victim's cooperation or consent. So, the best course of action for you is to politely refuse to answer any questions and seek legal counsel immediately.
If You are the Victim in a California Domestic Violence Offense
Under California laws, law enforcement authorities and prosecutors can pursue a domestic violence case without the victim's cooperation or consent. If you are the victim of a domestic violence offense, the police cannot force you to testify against your will.
You must remember that prosecution in such cases hinges on the victim's consent and willingness to testify. If you are a victim in a domestic violence case, you can, if you wish exercise your right of representation by an attorney who can represent you and fully protect your legal interests.
Domestic Violence Attorneys in Southern California
The distress, resentment, and humiliation of being accused of domestic violence are understandable. Often times, the charges are baseless and filed against the backdrop of ongoing custody or divorce litigations. On the other hand, victims of domestic violence also face an uphill struggle to purge the physical as well as mental scars.
A conviction for domestic violence can have serious repercussions like losing your job and loss of reputation, among other things. Whether you are an accused in a domestic violence case, or the victim, it is critical to have a skilled criminal defense lawyer well-versed in California domestic violence law, on your side very early in the case. Consulting a defense attorney immediately is crucial to safeguard your rights.
At the Kann California Law Group, we have a team of highly committed and knowledgeable criminal defense attorneys ready to answer questions regarding your ongoing investigation or recent arrest in a domestic violence case. Call us today at (888) 744-7730 or contact us through our online contact form for a free case consultation.