What Mistakes Do People Make During The Investigation, Arrest Or Post-arrest Phase That Can Potentially Hurt Their Case?
People tend to talk to the police in a domestic violence charge, or any other case. Most people do that unless they’ve actually committed the crime. The first mistake people make is talking to the police who are not able to take sides. Anything that an individual says to the police is taken down, and if it’s not in response to questioning or an interrogation by the police, then the subject of the investigation, which is the person talking, is not entitled to be read their Miranda Rights. So anything they say is used and can be used against them.
A big problem is that people talk to police and they say, “Yes, I hit the person but I didn’t hit them hard”, or, “It didn’t make a mark.” They plead their case before the lawyer has a chance to talk to them, understanding that they’re getting arrested anyway. Many people don’t know that no matter what they say, they are going to be arrested. The police aren’t going to say, “Okay, you’re right, the other person is wrong and we’re not going to arrest you.” The police are going to write everything down and turn it over to the prosecution. Then the lawyer who comes in has to get involved in whatever mess that the accused has made for themselves, whether it’s a false allegation or not.
It is advised that anyone should call a lawyer first. Let the lawyer talk to the police and don’t talk to them at all. Just be cooperative and the lawyer will work everything out down the road.
What Happens If Someone Is Afraid To Contact An Attorney Because They May Look Guilty? What If They Want To Confess?
This happens in every criminal case and every DWI case. In this day and age, nobody thinks that you’re guilty because you called a lawyer. If the police are investigating you, you should talk to a lawyer as soon as possible. You should not worry about whether it makes you look guilty or not.
The fact is that lawyers are the people who are in the forum, they are the ones who talk to the police. They talk the same language, they understand the procedure and the routine and it’s much safer than a person worrying about how it looks.
It’s the same if you are in an accident. You wouldn’t operate on yourself, you wouldn’t give yourself stitches and you wouldn’t represent yourself in any other place. So, why would you represent yourself in a courtroom especially in front of the police where your liberty is at stake?
If Someone Voluntarily Gets Counseling Or Anger Management When Facing A Domestic Assault Or Battery Charges, Will It Help Their Case?
Yes, a good attorney will tell their client to absolutely do that. That’s because it shows the court, the judge and also the prosecutor, that the accused person not only recommends this but he recognizes that there is a problem and seeks counseling on their own without somebody having to order it. It also shows that there is some sort of remorse and that the accused is seeking the help themselves to make sure that this doesn’t happen again.
Seeking counseling before the court ordering it also softens the impact of how a judge or a prosecutor look at the accused. They may say, “This is the person who cares. “It was just an emotional outburst,” as opposed to, “This is just the guy who doesn’t get it or who doesn’t care,” or, “This is a woman who is just a violent person who doesn’t care.”
An attorney can order their client to get it. However, a therapeutic class, or a counseling session is probably not going to do what needs to be done as opposed to a person who recognizes they need the help and they go out and they get it and it works for them. It definitely can be very, very helpful in a case.
If you are Facing A Domestic Violence Charge And Have Questions, call the law office of Eric Sachs for a free initial consultation at (516) 679-0400 and get the information and legal answers you’re seeking.