Evidence in Wilton Domestic Violence Cases
Often times, it is difficult to decide what evidence in Wilton domestic violence cases is actually useful. While 911 phone calls and police reports are obviously useful, any pictures that may have been taken from the scene, pictures of the injury to the other person. A qualified domestic violence attorney could help could examine the facts of the case and collect the pertinent evidence. If you have been charged with a domestic violence offense work with a capable lawyer that can attempt to fight for you.
Building a Defense
It is really important to investigate the entire situation and go through the entire state’s file, as well as closely scrutinizing the police reports and 911 calls when building a defense. Useful evidence in Wilton domestic violence cases also involves any medical records that there might be, and photographs. An experienced defense lawyer could make a theory of the case from this, as well as listen to the individual in order to understand their side of the story.
There are more options available to the person because it is a first-time domestic violence accusation. The defense lawyer could present a case to the judge and the prosecutor that someone has done a good amount of counseling immediately following the arrest and is eligible for the Family Violence Education Program because there are no prior arrests for domestic violence on their record.
What Are The Common Defenses Against Domestic Violence Charges?
The most common defense in domestic violence cases is self-defense. In the event of a fight, the person was not the first aggressor and merely defending himself, then they would be able to claim self-defense.
Another common defense is defense of others. One example of defense of others would be if some type of altercation broke out with other people involved and it seemed that they were an imminent danger. In that instance, a person could claim defense of others.
A domestic violence defense attorney can file motions with the court, e.g., motion to suppress evidence that was illegally obtained or unlawfully obtained in any way. If it is granted, then the evidence will be completely suppressed and not be used against the person.
Attorneys can also file motions to suppress to get certain witness testimonies totally dismissed. If the witness is not available they can file motions with the court to suppress any statements they made prior because they will not be there to testify to the actual statements and what they actually said.
What Elements Are Needed To Prove Prosecution’s Case?
Evidence-based prosecution is when prosecutors have collected direct evidence in Wilton domestic violence cases that directly bolster their charges and basically goes directly to the charges, and more definitively shows the guilt of the person.
In order to get the defendant convicted, the prosecutor would need to prove, beyond a reasonable doubt, that the person intentionally caused physical injury to another person, or that they recklessly caused serious physical injury to the other person.
Positives and Negatives of Putting Alleged Victims on the Stand
When the prosecution puts the alleged victim on the stand, a lot of times, when it garners sympathy from the jury and that person will also be able to speak to the whole situation from a first-hand account.
However, there are downsides to having an accuser testify as a witness. One of the challenges of putting an alleged victim on the stand is that sometimes they might not be very credible or may tend to make these reports often. This could be a challenge that the prosecutor would have to deal with.
Benefits of Working With a Wilton Domestic Violence Lawyer
A local domestic violence lawyer may be familiar with local prosecutors which is always helpful. It is always helpful to know the way that prosecutors work and the way that the judges work. They will be able to better negotiate with them because they know what the prosecutors like to see and what they do not like to see. Furthermore, an adept attorney may have experience collecting evidence in Wilton domestic violence cases and can use that knowledge to collect information that may bolster your case. If you have been charged with a domestic violence offense, speak with a lawyer that can advocate for you.