Building a Defense For Domestic Violence Charges in Stamford
Penalties for a domestic violence case can be severe, solidifying the necessity of a knowledgeable attorney. Defending a Stamford domestic violence case can be incredibly difficult, and requires an attorney every step of the way. If you have been accused of a domestic violence charge in Stamford, it is crucial to contact a Stamford domestic violence attorney immediately in order to begin crafting a strong defense to help lessen or dismiss any penalties you have been charged with.
Initial Steps to Take
There are many important steps that someone must take after being charged with domestic violence, in order to properly defend a Stamford domestic violence case. The first three steps that someone can take to help their domestic violence case is to get a lawyer, be informed, and know what they are looking for in terms of an ultimate resolution to the case. One thing that can help is when the accuser is in support of leniency. Many times in domestic violence cases, two parties are involved in a fight and only one party is arrested. If the accusing individual is in support of leniency and tries to drop the prosecution, that could be helpful on the part of the accused individual.
Many alleged victims of domestic violence feel guilty the next day and are not honest with the court or with the family relations, which can raise a lot of red flags. This could undercut a good defense strategy, because the prosecutor may believe the alleged victim is being coerced or pressured to withdraw their charges. The reality is, the individual cannot withdraw their charges. An alleged victim is not in charge of the case, but rather, the state attorney’s office makes the decision to prosecute or drop a Stamford domestic violence arrest.
Filing a Motion
One of the most helpful defense strategies in a domestic violence case in Stamford is to have a lawyer file a motion to preserve electronic evidence. That includes preserving all of the Facebook, text messaging, and 911 calls involved with the other party. That demonstrates to the prosecutor and judge that an accused individual is serious about developing a strong defense case.
Surveillance evidence must be preserved because all of the electronic evidence can easily be overwritten. It is also important to preserve hospital and medical records if the other party went to the hospital. An attorney will want to preserve the blood tests, blood results, and toxicology reports of the accuser, especially if they were drunk, high, or otherwise impaired.
Defense Side Evidence
When there is a protective order in place, an individual must be careful about not violating the order as the attorney investigates the case. The defense lawyer often hires private investigators in Stamford to gather statements, evidence, and surveillance. Oftentimes with domestic violence, it is a “he said, she said” situation, so it is important to have eyewitnesses prepared to testify on an individual’s behalf. The police officers do not always get both sides of the story. A defense attorney’s job is to level the playing field and gather information and data for the judge and the state’s attorney. Gathering evidence before it disappears, is overwritten, or electronically disappears is critical.
Sometimes in a domestic violence case, the attorney can subpoena the psychiatric records of the accuser, especially when they are sociopathic, psychopathic, or known to be liars. Good defense attorneys in Stamford often subpoena the psych records of an accuser that goes through a judge first. It puts a lot of pressure on the accuser, and is very appropriate and allowed by the law in certain circumstances. This happens to be incredibly useful evidence.