I was talking to my colleague, Eve Maestre, about Domestic Violence matters here in San Diego. We have clients who find themselves the subject of criminal prosecution by San Diego prosecutors. In addition to potential criminal charges, they can find themselves facing restraining orders (that the significant other doesn’t want), gun restraining orders (when a firearm had NOTHING to do with the case). It is essential to get your defense moving in a San Diego domestic violence matter. You want to call the Law Offices of Mark Deniz to find solutions. Contact us at (619) 736-3375 for a free consultation from a former DV prosecutor.
I am a firm believer in being proactive and encouraging clients to seek out ways to individually grow after a domestic violence (DV) incident. By acting quickly to get an experienced, capable lawyer on your side, many DV charges can be dismissed before they
even reach a court. By getting the ball rolling early in the process, you can have the time to challenge the government’s evidence and take steps such as preparing mitigation packets to build your case for dismissal or a reduced charge. Our success in implementing an effective approach is evident in the many positive reviews, testimonials, and awards our attorneys have received.
Our firm focuses on three distinct areas when developing a legal strategy for a defense:
- Showing Character. The first step is to separate the accused from the other defendants. Unfortunately, the Public Defender’s office does not meet with its clients before being appointed. Furthermore, many private defense attorneys focus primarily on the facts of the case and evidence. As a former domestic violence prosecutor, establishing a good character for the accused is vital to getting the best possible outcome. You want to show that the accused has good character, is well-regarded, and is an asset to the community.
- Finding Legal Issues and Calling Out all Weaknesses present in the prosecution’s Case.
Examining and scrutinizing the prosecution’s case is the most important focus. It is the base of a comprehensive defense. Knowing the subject matter is crucial to finding the evidence you are looking for. What is not present in the prosecution’s facts is as important as what they possess. That is why it is key to retain an attorney who has the approach, experience, and success with domestic violence cases. You want to highlight for the prosecution the issues with the proof in a case. If the prosecution cannot prove its case, it will be motivated to resolve the matter in a way that ends with the accused winning.
- Being Proactive. When someone is arrested on DV charges, they quickly realize how much punishment they may be exposed to. As their case evolves, the case begins to fall within a certain area on the spectrum of best- and worst-case scenarios. Once a case starts forming its framework, you want to be proactive. You can use this opportunity to get started on tasks that can help lead to a favorable resolution. Proactive tasks can include: taking classes, seeking counseling, volunteering at a nonprofit, etc.
You want to call the Law Offices of Mark Deniz to find solutions. Contact us at (619) 736-3375 for a free consultation from a former DV prosecutor. In many cases,
some unhealthy acts/traits/decisions came out and created actions that led to the arrest. The accused could have said things he knew would inflame the situation. What was said might not have been criminal, but the words took the event to a whole other level. I often tell my clients that there’s a difference between doing something wrong and committing a criminal act. An accused should want to take the opportunity to improve themselves and their relationship. What someone does not want to do is claim they did nothing wrong, declare themselves a victim, and lay blame on other people.
If there was anger and your actions were unhealthy, you should start taking anger management courses. Maybe there is an alcohol problem that negatively affects the relationship. Perhaps existing mental health issues cause anxiety or post-traumatic stress disorder (PTSD) that strains the relationship. In San Diego County, we have a large military contingent. Many active-duty military and veterans are dealing with issues stemming from their service. In these matters, someone can work with providers and the Veterans Affairs Department (VA) to get help. The Law Offices of Mark Deniz often crafts a resolution that includes treatment as part of a favorable outcome, which, in many cases, results in a dismissal.
Another option is counseling, which can be an invaluable tool. After the accused has found help for personal issues, we usually recommend seeking relationship counseling, especially if they are staying in the relationship. However, we do not recommend starting with couples counseling. The accused should first start with personal counseling. They can then pivot to tackling relationship issues after some time.You want to call the Law Offices of Mark Deniz to find solutions. Contact us at (619) 736-3375 for a free consultation from a former DV prosecutor.
An Arrest Can Be A Wakeup Call
When a prosecutor is deciding whether to file charges, we want to confidently say, “This has been a wake-up call, and I will not return to a ‘back to business as usual’ mentality.” The prosecutors want to be assured that this isn’t going to be a vicious cycle or happen again in this or a new relationship.
People often swear they’re never going to get into a DV situation again, and things seem to get better for a time. However, bad habits come back, and issues start reappearing. DV often follows a cycle, moving from one phase to another. The cycle of violence is real. We encourage our clients to be proactive and say, “I’ve got to break that wheel.”You want to call the Law Offices of Mark Deniz to find solutions. Contact us at (619) 736-3375 for a free consultation from a former DV prosecutor.
CONCLUSION
You want to be proactive in Domestic Violence cases. You may stop the train before it gets to the station. You want to call the Law Offices of Mark Deniz to find solutions. Contact us at (619) 736-3375 for a free consultation from a former DV prosecutor.
