Domestic violence charges can have serious legal implications, and can also affect a person’s personal and professional life. Those who have been charged with a family violence offense may not be able to see or retain custody of their children, they may be ordered to stay away from their home, and they cannot possess weapons for the duration of the trial. Furthermore, they face potential stigma and ostracization from their local community. That is why individuals who have been charged with domestic violence need to be proactive and consult an attorney so they can begin building a Lubbock domestic violence defense. Their skilled domestic violence lawyer could work tirelessly to build a solid case.
Process of Building a Defense
The first step an attorney should take in a domestic violence case is to discuss bonding if the individual is in jail. The initial stages of a domestic violence may involve some protective hearings so the attorney might want to make sure that the person represented in those and that any deadlines are met. One of the easiest things to figure out is which deadlines are crucial and critical to the person preserving their rights. The attorney can make sure those deadlines are met. Plus, the attorney could instruct the individual on how to behave in the interim before the trial.
Once the case is progressing, the attorney can work on getting the evidence and necessary information from the prosecution, looking for anything that might exonerate the person. The attorney may also prepare by talking to witnesses, reading the police reports, speaking with experts if experts are needed in the case, ordering documents, making sure the documents will be admissible in trial and preparing the theory of the case from the defendant’s perspective.
Choosing a Defense Strategy
There are different kinds of cases that require different approaches. For instance, in some, the attorney will deny that the event happened at all. If a trial is lost, however, the attorney can work to minimize the punishment by showing the character of the defendant. Attorneys also try to get the prosecutor to reduce the initial plea offer. Initial offers from the prosecutor are almost always less than the maximum range of punishment for the crime, and defense attorneys negotiate based on the facts of the case and the criminal history of the defendant in order to get that offer low enough to be acceptable to them.
Importance of Working With a Lawyer That Has a Good Relationship With the Prosecutor
Building a Lubbock domestic violence defense is difficult, but working with an attorney that has a good relationship with the prosecution can help. In some ways, prosecutors gamble when they are dealing with an alleged crime and are reducing the terms. The prosecutor has to have evidence to justify making a deal. On the other hand, if they have a positive relationship with the defense, they may take the defense attorney’s word into account.
Since local attorneys know that they will be working in the same vicinity as each other for years, there is a little extra incentive for everybody to play fair on an ongoing basis, which matters when the sides are negotiating. If the defense attorneys do not have a long relationship with the prosecutors, they may not know whether they are getting a good deal or not. Prosecutors have personalities. Prosecutors lean a little heavier on certain crimes or on certain parts of a story, and without knowing where the prosecutor tends to land on these issues, the attorney will have no way of measuring whether the prosecutor is making the defendant a good or bad offer, in terms of the offers that they usually make.
Value of a Lubbock Domestic Violence Lawyer
The reason to contact a lawyer immediately is that this type of alleged crime carries some of the harshest initial consequences of any crimes. Since it deals with domestic violence, the nature of those relationships cause the courts to want to provide extra protection to the people who are involved. Thus parental rights are often at stake.
The nature of domestic relationships generally means that individuals may be sharing a home so the right to the possession of one’s home, the use of one’s home, and general property rights all come into play quickly. Protective order hearings also occur quickly. An accused person will want to be represented at the hearings or maybe even stop them their potential consequences from happening. Time is of the essence in domestic violence situations. If an individual has been charged with a domestic violence offense and needs help building a Lubbock domestic violence defense, they should work with a capable attorney that could pursue a positive outcome for them.