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Life of a San Diego Domestic Violence Case. Former DV prosecutor explains the process of a San Diego Domestic Violence case.

by | Jan 20, 2019 | Firm News |

Following the path of a San Diego Domestic Violence case is more important than most other cases in all criminal law.

The case can be steered in many directions based on the police and prosecution.

Will the case be issued as a felony? Will it be a misdemeanor?  Will it be issued at all?  These are some of the questions it is key to find out and help influence as much as possible when you have been arrested with a San Diego Domestic Violence case.  Contact the Law Offices of Mark Deniz to get the ball rolling at 858-751-4384.

Arrested

In many cases, someone is arrested for San Diego Dometic Violence (DV) case as a felony.  The individual has bailed out and spent a lot of money to do so.  People are faced with the dilemma of what to do now.  Court is about 10 days away.  In many cases, the “alleged victim” does not want to prosecute and the incident was not really all that much (definitely not a felony level).  This is a very common situation.

The answer is to be proactive and start working on the case.

First, retain an attorney who has experience and success in San Diego Domestic Violence DV cases.  As a former domestic violence prosecutor, it helped an accused when their attorney spoke “DV language” and was able to sift through the facts together.

After this, you want to follow a proactive approach to ensure you get information to the prosecution as soon as possible.  Contact the Law Offices of Mark Deniz to get the ball rolling at 858-751-4384.

LIFE OF A CASE

Once someone is booked, the patrol officer drafts an arrest report.  With San Diego Domestic Violence (DV) cases, they get routed to a detective.  A detective is the first location where the case can go a few different routes.  In most cases, the case gets routed to the prosecution for a decision whether to file charges or not.

VERTICAL PROSECUTORS

San Diego Domestic Violence (DV) cases are assigned to special prosecutors.  Domestic violence cases get a special prosecutor who handles the case from start to finish. This is unlike other cases, such as DUI, Theft, assaults, and other general crimes, where a case can be handled by many people during the life of a case.

These prosecutors have special training in domestic violence incidents.  The key as a defense attorney is to supply these prosecutors with more information to make a determination that the case should not be issued.  The key is to get the information to the prosecutors BEFORE they issue charges rather than after.  Like in normal life, when someone makes a decision it is difficult to change their mind.  Contact the Law Offices of Mark Deniz to get the ball rolling at 858-751-4384.

CONCLUSION

The best case scenario is that the prosecutor stands down and does not issue charges.  There is a small window from the time of arrest to when the prosecutor makes this decision.  The key is to get information to the prosecution as soon as possible.  With defense, you need to follow the case to stay on top of it and provide the information needed to the right people.  Contact the Law Offices of Mark Deniz to get the ball rolling at 858-751-4384.

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