Scott Weinberg Blog

Domestic Violence

 

I can’t tell you how many times, during the process of divorcing, one member of a couple, or another, throws a punch, slams a door, screams so loud it’s scary. They’re not violent. They’re angry, scared, losing control because they’re losing their marriage. And they do something they regret.

The cops are called. A domestic violence claim is registered. And then – oops – you’re in a whole other game entirely.

And when it’s true domestic violence – whatever the circumstances - nobody wants to see a loved one hurt, especially not in their own home.

But when the police and prosecutors get involved, it’ll get entirely out of hand. The accused suddenly will be stripped of rights. Don’t plead guilty. Don’t talk. Consult your attorney to prepare a good defense.

Remember this, if you’re charged with domestic violence:
 
1. Don’t make a statement to the police. Ninety percent of the time they’ve already decided whom to arrest. Like they say on TV: "Your statement can and will be used against you". So use your constitutional right to SHUT UP!

2. The officer and prosecutor will tell you not to worry, just plead guilty and you’ll go on probation with counseling. Don’t listen. Unless you plead under a specific statute that allows you to keep the conviction off your record, you’ll end up with a criminal misdemeanor conviction for assault.

3. If the complainant has a change of mind, or change of heart, a prosecutor might threaten to file false report charges against them and issue a warrant for their arrest for not showing up. A complainant has the right to an attorney, who will contact the prosecutor on their behalf

4. If you have prior assaults on your record, a prosecutor can increase the charges to a felony.

A lawyer is the person who watches your back. You can’t do it yourself. You simply can’t see everything from that angle.

Attorney Scott Weinberg,  WEINBERG ON THE LAW


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Posted 29 May | 0 Comments