Domestic violence investigations are always serious matters. Even if the Police have not yet made an arrest, this can be a treacherous time for you. When you learn an incident is the reason for an investigation, you must take steps to protect yourself. This can prevent you from making incriminating statements to Law Enforcement and allow you to obtain evidence that could be useful when presenting a defense in court.
An Attorney can provide support during Delray Beach domestic violence investigations. They can explain what it means to commit an act of domestic violence and what the potential consequences of a conviction may be. At the same time, our team can protect you against aggressive police interrogation techniques while performing an independent investigation into the event. Additionally, we will always contact the Prosecutor’s office with any additional information to try and convince them not to file any charges against you.
Potential Reasons for a Domestic Violence Investigation
An accusation of domestic violence must include allegations that a person violated a state criminal law. There is no special charge known as domestic violence under state law. Instead, the identity of the alleged victim and their relationship to the suspect makes an offense an example of domestic violence.
As a result, all investigations must allege a person has committed an act of violence, intimidation, or coercion against a family member. Under Florida Statute § 741.28, these family members can include blood relatives, spouses, dating partners, and even roommates.
Fla. Stat. § 741.28 lists the offenses that may lead to an arrest and prosecution for domestic violence. They include:
If Law Enforcement in Delray Beach has some evidence of a person’s involvement in these activities, they will initiate a domestic violence investigation. The purpose of this investigation is to obtain more evidence that can lead to an eventual arrest and prosecution. Knowing the basis for this investigation is the first step toward an effective defense. An attorney can provide more information about Police investigations and their basis in state law.
Protecting People During Domestic Violence Investigations
Being the subject of a domestic violence investigation in Delray Beach is always significant. With state law mandating a Jail sentence after any domestic violence conviction, it is critically important to begin building a defense as soon as possible.
Having an Attorney from the beginning of an investigation is one way to help craft this defense. It is vital to understand that being the subject of a domestic violence investigation means the Police already believe the individual is guilty. By law, Police must have probable cause that a violation of the criminal code has occurred to make an arrest. The investigation aims to gather more evidence necessary to satisfy this legal standard for an arrest.
Working with a Lawyer can frustrate Law Enforcement’s attempts to obtain this information. For example, an Attorney can be present during interviews with Police to control the flow of questioning. They can also be present during the execution of search warrants that aim to obtain physical evidence of abuse or other illegal activity. In short, a Lawyer fights to limit the proof Police Officers get that is necessary to build domestic violence cases.
Speak with an Attorney Now to Obtain Protection During Delray Beach Domestic Violence Investigations
Being the subject of a Delray Beach domestic violence investigation means Police believe you have done something wrong. The fact that they have not yet made an arrest means they are still gathering more evidence about the incident. As a result, you need to act quickly to protect yourself.
Consulting with a Lawyer could help you begin your defense against these life-altering potential charges. An Attorney can explain the purpose of the investigation and identify evidence the Police are attempting to obtain. At the same time, they can protect you against Police tactics that may leave you vulnerable to self-incrimination. Contact Leifert & Leifert immediately to retain the assistance you need.
