When disputing a domestic violence allegation in court, a person must gather the necessary evidence and build a case that exonerates them of any charges. Given that the consequences of a conviction may include significant jail time, termination of employment, and even loss of parental rights, it may be advisable to reach out to a lawyer experienced in gathering evidence in West Palm Beach domestic violence cases. An experienced Leifert & Leifert domestic violence attorney may have worked on numerous domestic violence cases and could use the available evidence to disprove the allegations you may face.
Consulting With a Defense Lawyer
A person facing domestic violence charges in Palm Beach County should consult with and retain a local Palm Beach County Criminal Defense Lawyer. The laws regarding domestic violence may have been reviewed by Legislators, State Senators and Representatives, Governors, and Lawyers. And a Judge may have ruled that the laws are constitutional, but these laws are subject to the people who enforce them, the people who prosecute them, and the Judges who sentence on them.
A person facing domestic violence charges could benefit from the counsel of a Lawyer who knows the individuals who have the responsibility of interpreting the laws related to their case. These individuals may include the Prosecutors, Judges, and court employees. An Attorney could be aware of their history of discretion and how it could best benefit the accused person.
Type of Evidence Used in Domestic Violence Cases
Evidence in West Palm Beach domestic violence cases can begin with the 9-1-1 call for help. The Lawyer may obtain a sworn statement given by the person making the complaint. They could find out if there are photographs, videos, or audio recordings from nanny cameras or security cameras located in the home or in the area where the domestic violence allegedly happened. Because many Law Enforcement Officers now wear body cameras, the scene of the alleged incident is recorded as soon as the Law Enforcement Officers arrive.
Investigating the Facts of the Case
The type of evidence that Lawyers may compile for a person’s defense may depend on the facts of the case, the nature of the relationship between the parties, and available proof of the event.
When the person accused of domestic violence claims self-defense, their Lawyer prepares a defense to prove that the person was not the aggressor. For instance, an Attorney could establish facts of self-defense such as defensive wounds, bruises, cuts, or scrapes.
If it is not possible to show evidence of innocence or self-defense, the Lawyer could provide evidence of mitigation. They may demonstrate that the accused person understands what happened, knows they did something wrong, and they are taking steps to make sure this does not happen again.
Often, the Lawyer has evaluations of the accused person done to demonstrate that there is no problem. The evaluation is conducted by an unbiased, licensed mental health professional who may give an opinion after evaluating the individual and discussing the facts of the allegation made against them. The mental health professional could say with a degree of professional certainty that the person does not have a problem.
If the healthcare professional says, to a degree of professional certainty, that the person does have a problem, they could take actions to mitigate their situation and get help for themselves. This information may be used to show inconsistencies in the facts and demonstrate that the accused person knows that what they are doing is probably not a good idea and they are taking steps to mitigate the situation. The unbiased evaluation is an important element when gathering evidence in West Palm Beach domestic violence cases.
Dismissing Harmful Evidence
The evidence in West Palm Beach domestic violence cases usually consists of facts obtained by Law Enforcement Officers from the other party, or through other circumstances that may be used against the accused person to prove their guilt. If the facts are not obtained legally or were obtained in violation of the accused person’s constitutional rights against illegal search and seizure or Miranda rights, the Lawyer could attempt to have that evidence dismissed. If evidence is too prejudicial, the Attorney may try to get those items thrown out as well.