San Diego Attorneys Explain: What Should You Do After A Domestic Violence Arrest?
Things happen fast in a domestic violence case. The police arrive and separate the parties. After the arrest and a night in jail, the accused is kicked out of their own home and ordered to have no contact with the alleged victim, left with nothing but looming court dates.
Defending against charges of domestic violence is not a marathon; it is a sprint. It is important to prepare yourself for the long road ahead and to prepare yourself emotionally for the twists and turns of the process. The effort you make in partnership with your attorney – from participating in anger management classes to attending substance abuse treatment – will help your defense and position you to emerge from this experience as the best version of yourself.
How To Be Proactive After An Arrest For Domestic Violence
Get legal help right away: This won’t “blow over.” You may be prosecuted even if the alleged victim doesn’t want to press charges. You need to get the ball rolling with a skilled and proven criminal defense attorney. Early intervention is your best hope of getting the charges dismissed.
Get a lawyer who knows what to do: Defense attorney Mark Deniz previously prosecuted domestic violence cases for many years and now focuses exclusively on domestic violence defense. He uses his ex-prosecutor insights to defend the accused, with an impressive record of dismissals.
Start building your defense: The prosecutor is focused on one side of the story. You can help your lawyer tell your side. What started the incident? Does the victim have something to gain? Our legal team explores viable defenses against the accusations.
Put a face to the case: We take action to assemble a mitigation packet that we will present to the prosecutor, including character references and favorable evidential information. Our lawyers have cultivated close relationships with the prosecuting attorneys in the family protection division and our thoroughly prepared packets frequently convince them to drop criminal charges.
Adhere to the restraining order: Violating any of the terms of the temporary restraining order can harm your case, including attempts to reconcile or apologize to the victim. If you have something to communicate to the accuser, do it through your legal counsel.
Document everything: Write down your recollections of what happened before the police arrived. Save any text messages or other evidence of the accuser’s motives. Document any communications from the accuser, including messages delivered via third parties.
Partner With A Former Prosecutor To Defend Your Rights
At The Law Offices of Mark Deniz APLC, in San Diego, we are led by Mark Deniz, a former criminal prosecutor who understands domestic violence cases from every angle. He knows how to win and has dedicated our firm to protecting the accused.
We realize that good people are not immune to criminal charges. All it takes is one accusation made in the heat of an argument to leave someone branded a “domestic abuser,” facts be damned. We will work to make sure your side of the story is heard and that you are innocent until proven guilty.
Plan Our Work And Work Our Plan
A successful domestic violence defense will not emerge out of thin air; it will be the result of thorough planning and hard work by you and your attorney. The ultimate goal of every action taken is to keep you out of jail, keep you in your home and position you to emerge from this without a domestic violence conviction on your record.
It is tempting to give in to despair or anger after being accused of domestic violence. It is far better to remain calm, partner with a trusted defense lawyer and take positive steps to put a good face on your case. The plan we will create with you will be dependent upon the unique circumstances surrounding your arrest and the accusations against you. For example, if a drunken argument leads to accusations of violent behavior, seeking substance abuse counseling is a likely step. An arrest stemming from throwing a phone across the room would point us in the direction of seeking anger management counseling.
As the old saying goes, “an ounce of prevention is worth a pound of cure.” There is no need to wait for the arraignment to get started on your defense. In fact, it is possible to prevent charges from being filed at all by enlisting a proactive defense attorney and creating a mitigation packet. The presence of mitigating information early on can result in prosecutors choosing not to bring charges, foregoing the complications of a trial.
Beware Of Unforeseen Consequences
Domestic violence accusations expose you to many unintended consequences. The best thing you can do to protect your rights now and protect your future is to speak to our proven attorney about your situation. Get started today by calling us at 858-429-9982 for a free case evaluation or by contacting us online.