Southern California Criminal Lawyer Blog
DOMESTIC VIOLENCE IN LOS ANGELES (PREVENTING A FILED CASE)
With the recent Covid-19 (Coronavirus) pandemic, tensions are higher than ever. Quarantine, loss of work, social isolation, and all other stressors have created a perfect storm for emotional escalations. Some of these even turning physical. This has meant that domestic violence incidents have risen during the pandemic.
Though law enforcement responds to every call, not every call is a legitimate instance of domestic violence. We know that many times calls are placed with the intention of reducing an escalation; however, law enforcement is quick to jump to conclusions. Most of the time they view these calls as legitimate and these situation as instances of domestic violence. That is when then conduct an arrest.
Remember, an alleged victim cannot simply decide to drop charges. Once an investigation is in the hands of the police or sheriffs, it becomes their obligation to pursue the investigation to close and turn over the file to a prosecutor for filing consideration. The prosecutor is then who decides to file charges.
It is critical at every step of the way to intercept a filing and make your defense heard. We have been successful preventing charges from being filed by the prosecutor by making your voice and position a part of the file. Otherwise, the prosecutor has only the police reports to go by.
What About My Defense Before I Appear In Court?
Domestic violence charges can be filed in various ways. Most of these charges are wobblers, meaning they can the filed as felonies or misdemeanors. A felony penalty can be devastating and carry serious consequences. As can a misdemeanor. Leaving your defense in the hands of law enforcement, the prosecutor, or a public defender is never wise. A public defender will not be assigned until the case has been filed. This means you have essentially no defense during that crucial early phase of the investigation and prosecutor review.
Having your attorney work up your case pre-file (this means before it is filed and you appear in court) is an opportunity you cannot miss. Your attorney will work aggressively at preventing charges, reducing the charges (in charge type or from a felony to a misdemeanor), and laying the foundation for your entire case defense. This will result in you being as well prepared as possible to minimize the consequences of a criminal case.
What Do I Do Now?
If you or a relative or friend is currently in custody, has recently been arrested, or is facing a domestic violence investigation or case; you must seek professional counsel. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience making pre-filing domestic violence intervention and resolving these cases successfully. Remember, you cannot leave your defense up to fate or the parties that are trying to convict you. Contact us now for a Free Consultation.