You got into a heated argument with your loved one and, the next thing you know, you are being arrested and charged with domestic violence. The police did not even take the time to interview you to hear your side of the story. They just took your loved one’s word for granted that you scratched and pushed him or her down onto the ground.
However, in your version of the events, you were defending yourself against being hit by your loved one and, when you put up your hands to block her swinging arms, her arms got scratched. Then, as you tried to retreat, she tripped on a rug and fell down, hit an end table, and got bruised. Now she’s even more upset and angry and called the police.
As a criminal attorney in Jersey City, this type of scenario is one that occurs on many different occasions when loved ones are having heated arguments. While we cannot guarantee your charges will automatically be dismissed, we can promise to work in your best interests and help build a strong and strategic defense against your charges for the best outcome possible.
Step 1: Hire a Domestic Violence Lawyer
It is never a good idea to attempt to defend yourself in criminal law matters. The laws can be complex, and you may not know every detail that could mean the difference between being found guilty or innocent.
Step 2: Post Bail and Get Released from Custody
You do not want to sit in jail pending your trial. Not only could this affect your employment but could also make preparing your defense of the charges more difficult, as you do not have as much access to and time with your lawyer. Keep in mind, there may be a restraining order issued, and you may not be allowed to return home. You will need to find a friend or relative to stay with temporarily.
Step 3: Gather Evidence
Gather any text messages, voicemail messages, social media posts, and statements from your neighbors or any other witnesses that help show what actually occurred between you and your loved one.
Step 4: Tell Your Lawyer What Happened
The best way for your lawyers to be able to help you build a solid defense is to be honest with them from the very start. Let them know what transpired and don’t leave out any details, no matter how small.
Step 5: Try to Obtain an Affidavit of Non-Prosecution
Your lawyer can attempt to get a signed affidavit of non-prosecution from the victim. Even though your loved ones do not have the right to drop the charges, they can indicate their wishes by signing an affidavit of non-prosecution. Having a signed affidavit can make a big difference and help get the charges reduced and/or dismissed.
If you or someone you care about has been arrested and charged with domestic violence, you need to find out potential defenses to the charges. Call the Jersey City law firm of Keith Hirschorn, P.C. at 201-798-4444 today for a consultation with a domestic violence defense lawyer!