Bronx Domestic Violence Lawyer
Couples fight and fall out all the time. No one has it perfect. Some arguments are worse than others, but a recent conflict may have gotten especially heated and out of control. In such instances, tempers flare and things are done that neither party intends. If you have been arrested and charged with battery or some other form of domestic violence, you should retain legal counsel straightaway.
The accusation itself might be a result of the argument or an ongoing and deeply entrenched feud between you and your partner. If this is the case, if you are simply not guilty of the crime, then you should act immediately to get free of the charge. Domestic violence is very clearly defined in criminal law. It consists of a pattern of abusive behavior over time to gain or maintain power over another person. Whatever happened comes nowhere near that definition, and you must make it plain to the court and to the people who know you that you are not that kind of person.
However, your situation may not be as straightforward as the one described above. You may not be in a position to unequivocally deny that you took part in any wrongdoing. Even if this is the case, you should not speak to the police or prosecutors without an attorney present.
If you are run in for domestic abuse, the authorities will immediately put pressure on you to cooperate—cooperate is their word for getting you to make the statement they want you to make and thus giving up your Fifth Amendment right not to incriminate yourself. The latter is a bed rock of American constitutional law. You do have a right to remain silent—those are not just words that police spout as a matter of routine. They mean something. No one can be compelled to turn in evidence against themselves.
No matter how much evidence the police say they have against you, domestic violence is hard to prove. And even if you did something you regret doing you should not give away any leverage you might have to get through this situation with your freedom and your reputation more or less intact.
You cannot call just any lawyer. You should reach out to an attorney that has expertise and extensive experience in handling cases of this kind. The attorney you work with should possess the knowledge, skill, and ability to immediately assess the situation you are in and begin the process of getting you out of it.
Testimony and evidence can be challenged. Your lawyer will take the same facts and forensic evidence that the authorities have and put them in their correct context; they will interpret the evidence in a way that is favorable to you. However, in most such cases there need not be extensive analyses and proceedings. After a while the person who has accused you of domestic abuse will calm down. It is then that she will be more lucid and approachable. A good attorney will know how to approach her so that she withdrawals her statement and takes back her initial intention to press charges. This tends to be the best outcome for all concerned. If any other arrangements need to be made, including anger management courses, marriage counseling, and other such services, then your attorney can arrange those as well or point you to someone who can.
The bottom line is that a solid domestic violence attorney is all about finding the best solution that will work for you; and in the course of doing that will quite often get a result that is best for all concerned.
Mar 31, 2020
May 17, 2018
Spodek Law is a great firm. They are super pragmatic