False Accusations in New Haven Domestic Violence Cases
It is impossible to know how often there are false accusations in New Haven domestic violence cases, however, it is certainly something that does often come up in these types of cases, and can potentially have an impact on the trial. The key in this situation is to develop a defense of factual innocence. Whether it comes to physical evidence, pictures, or witness statements, it is very important to challenge the allegations from the very beginning and to poke holes in the complainant’s version so it is apparent that, in fact, the allegations simply are not true.
It is very difficult to understand why people would make false allegations of domestic violence given the severe consequences, however, it is typically seen in stressful situations such as a custody hearing, divorce action, or something to do with money. With this in mind, when false allegations occur, it is important to consult with an experienced lawyer so that they can compile evidence and ensure that the strongest defense possible is built those accused.
The most important thing someone can to avoid false accusations in a domestic violence case is to contact a lawyer at the first sign of any allegations, whether it be the DCF or the police. An attorney who focuses on criminal defense work will be able to take the necessary steps to combat these allegations and establish a defense from the very beginning.
For example, a lawyer can try to keep the accusations from rising to an arrest or continuing to move forward, and if it gets to trial can help establish a strong defense. An attorney will also be able to obtain evidence to prove innocence from the very beginning of the trial, which can end up being beneficial even later on.
First Step Someone Charged Should Take
The first thing anyone who is charged with domestic violence should do is contact a lawyer. An attorney can talk to the defendant and determine what their options are and what they are looking to do. They can then explain the process and put together a step-by-step plan to establish a defense.
The first step is to look for any legal defenses and whether the lawyer can challenge the admissibility of the evidence.
The second thing is to see if there are any factual issues, and that is really where the claim of innocence comes into play. In that type of case, it is going to depend on the allegations and the circumstances associated with the allegation.
For example, if someone says an assault occurred at 10 o’clock last night and the defendant’s alibi was being at a movie, an attorney may try to track down whoever might have been with them. They can hire an investigator to check the movie theater and try to get any surveillance video, credit card receipts, or any documentation which supports the defendant’s alibi.
Consequences of a Conviction
Anytime a person is charged with a crime, including a domestic violence offense, there is the risk of the possibility of incarceration, significant fines, and probation in domestic violence cases. Also, any conviction carries a misdemeanor handgun prohibition, so if a person is convicted of a domestic violence offense, they will never be able to obtain a handgun. If the individual is in fact in possession of a handgun or a firearm, they will be charged with criminal possession of a firearm, which carries mandatory jail time.
It is very important that an individual fights a domestic violence case from the very beginning because it can lead to significant consequences in terms of possible incarceration, fines, probation, and other collateral consequences.
Compiling a Defense
In terms of the status of the defense for a client, it is really going to depend on the client’s actual defense. The information compiled will depend on the defense approach with which the domestic violence defense attorney is going to move forward.
For a first offense, the lawyers are looking to whether they can suppress any legal evidence. For example, if there is an illegal search, the lawyer would try to challenge the search. They would gather the information needed to establish that it is an illegal search, including the conduct of the officers, speaking with witnesses and with the client, and looking for any videos. The lawyer would want to use those to establish that it is an illegal search.
The second thing that the defense will look at is whether it is a factual issue. If our client finds that the allegations are false and has a different version of events, getting any witnesses and information that can be obtained to corroborate the defendant’s version of events is very important.
Lastly, if the defense is working to resolve a case through a plea bargain, they will work to establish what is called a social defense. Social defense is where information is compiled for the prosecutor and the judge to show that the defendant is taking this seriously and the offense will not be repeated in the future. This includes showing that the defendant has taken steps to address the underlying issues and can assure the court that this will not happen again. This information is used to present the defendant in the light most favorable to the judge.