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1. Do I have to be married to be convicted
of Domestic Violence?
No.
2. What if l never hit anyone, all I did
was push, shove or just slightly touch the other person?
You can be found guilty of "Domestic Violence".
3. Would the case against me (or my
spouse/friend) automatically go away if the alleged "victim"
refused to "press charges"?
No. There is no such
thing as having a victim "press charges". The alleged "victim"
can not control the prosecution of these cases.
The prosecution of these cases is performed by the
State Attorney's Office, whether or not the victim wishes the
matter to be prosecuted.
The victim may “recant" or change his or her
testimony to be different from the story told to the police or
911 and a jury may or may not believe the
recantation.
4. Should I talk with the police to tell
them what really happened"?
The authorities
either have enough evidence to charge you, without your
statement, or they do not have enough evidence and they should
not charge you. Your statement may not stop this prosecution.
You might give additional evidence to be used against you. If
the officer has sufficient evidence to arrest you, your
"cooperation" may not stop that arrest.
If you talk with the police, you give them the
opportunity to take down what you say incorrectly, or fail to
take down everything you say. Either way, if you go to court,
then it will be your word against the officer's word.
Also, and this is important: you should not tell a
false story to the police or prosecutor. You have a
constitutional right to remain silent. Let your lawyer talk to
the authorities on your behalf and be present if you feel,
after consultation, giving a statement is in your best
interest. Remember, the prosecutor has the burden of proving
you guilty.
5. What happens to me if l am convicted of
domestic violence?
Obviously there are a number
of variables considering the severity of each case. If you are
charged with a felony, you could be subject to state prison,
or a lengthy county jail sentence. If convicted of misdemeanor
domestic violence, you may be subject to a county jail
sentence and/or probation. Federal Law may prevent you from
owning or possessing firearms if you are convicted of Domestic
Violence.
6. l am not a citizen of the United States,
what effect will a conviction have on me?
Although you should always confer with an
immigration attorney, a conviction for this offense could
result in potentially serious immigration problems. You could
be denied admittance, be subject to deportation or suffer
other immigration consequences if convicted of domestic
violence.
However, if you make sure you tell me that you are
not a U.S. Citizen, we may be able to resolve the problem in
how we handle the case.
7. How long will the court process take?
Each case is different, and the procedure for
misdemeanors and felonies is different. You can expect a
number of court appearances, many of which you may not need to
be present for, if I represent you. You should expect that for
most cases, it will take a number of months before there is a
resolution. In some cases, you may wish to proceed to trial.
8. If I actually did the act I'm charged
with, do I need a lawyer?
Generally, yes.
A well trained lawyer with experience in this area
of the law can make a difference. A lawyer may get cases
dismissed, reduced or help minimize the final results. |
