If you have been accused of an act of domestic violence, it is critical that you take certain actions to protect your rights and freedoms. In the criminal justice system, you are innocent until proven guilty – but you will not feel that way. The assumption is that you are guilty as charged. Every effort will be made by the prosecutor, supported by the almost unlimited resources of the state, to ensure you are convicted and punished. If you have been charged with a misdemeanor or felony domestic violence, follow these steps:
Rather than trying to convince the police that you are innocent, do not engage in answering questions. You have the right to remain silent, and this is your best option in the early stages.
A criminal defense lawyer with extensive experience in defending domestic violence charges should be retained immediately. The outcome of your case will, in large part, be the direct result of the defense skills, experience, and the strategy employed by your attorney.
The person who has accused you may be attempting to destroy your reputation, punish you after a relationship breakup, is attempting to attain sole custody of your shared children, or other act intended to harm you. With the help of a private investigator, facts can be uncovered to reduce the damage to your life and reputation. The alleged victim and key witnesses can be interviewed by an investigator, and facts that may exonerate you could be brought to light. The investigator should be hired through your attorney, so all the data gathered is protected under attorney/client privilege.
If you are restricted from contacting the individual accusing you, ensure you do not call, text, email, or appear at any location from which you have been restricted. Any violation of a restraining order may lead to additional charges or even being jailed, making your case more difficult to defend.
Do not speak to anyone other than your attorney about your case, the charges, or the alleged incident. What you say to others in confidence could become a problem for you. You could be misquoted. Only your lawyer has attorney/client privilege, and another party may be called as a witness.
You will need evidence to support your case, and any voicemails, texts, or other communications from the alleged victim should be preserved and reviewed by your attorney as potential evidence.
If you have retained an experienced domestic violence defense lawyer, take the guidance offered. With attorney George H. Ramos, Jr. at your side, you can be confident that he is taking every possible legal step to protect your rights and interests.
If the victim calls you, texts, you, or contacts you by any other means, do not reply. While under a restraining order, engaging in conversations could lead to serious legal repercussions, even when initiated by the alleged victim. Report the calls, texts, or other efforts to contact you to your lawyer at once.
San Diego criminal attorney George H. Ramos, Jr. is among the most experienced domestic violence defense attorneys practicing in the area. His background serving as a prosecutor in the San Diego City Attorney’s Office, and as a supervising attorney in the Child Abuse/Domestic Violence Unit, he has an extraordinary level of experience and knowledge that can be of great benefit to you. Call today to discuss your case.