Evidence in Bethesda Domestic Violence Cases

The evidence generally used in Bethesda domestic violence cases is the victim’s testimony statement, third party witnesses, video or surveillance, and possibly medical records.

An experienced domestic violence lawyer in Bethesda will pay great attention to each piece of evidence, as well as the way it was collected, in hopes of excluding or including the evidence necessary to build a strong case.

Evidence Helpful for Defense

Anything and everything that can be obtained is potentially helpful to defend someone charged with domestic violence. Sometimes there are conflicting stories about what exactly happened, and the truth falls somewhere in between, so more evidence can help determine the true timeline of events. One of the domestic violence lawyer’s main jobs is to do whatever is necessary to recreate the situation. It is the job of the state to prove what took place to be able to convict a person charged with domestic violence. The goal of the defense lawyer is to gather the evidence needed to undermine the prosecutor’s case.

The evidence that the state has is of critical importance as they are required to provide any evidence in advance. The attorney has to analyze it, the strengths and weaknesses of any case, and address how to best proceed. As far as gathering evidence on the defendant’s Bethesda domestic violence case, it is not just instances or evidence relating to the case itself that could be helpful, but evidence outside the case that helps build the defendant’s character.

If the defendant or client is an individual that has received awards, certificates, promotions, commendations, or anything of that nature that helps build a character profile and cast them in a positive light, it would be helpful to gather in advance of the court date.

What To Do If Accused

A person charged with domestic violence can maintain their innocence by not speaking to anyone, not trying to be their own lawyer, and hiring a lawyer immediately. The lawyer can gather the evidence, build a defense, and represent the individual through every step of the process.

Even a basic second-degree assault carries a potential sentence of 10 years of incarceration, so it is important to build as strong of a defense as possible to avoid significant jail, monetary penalties, restrictions, and having a criminal record. Hiring a skilled local attorney is the first step in creating a defense strategy.

Only a Bethesda attorney knows the specific characteristics of the courts, the preferences of the judges, and the temperaments of the prosecutors. An experienced domestic violence attorney has relationships that are essential to obtain a positive outcome. An outside attorney does not have the intimate knowledge of what is proper in the courts and what type of evidence is necessary in domestic violence cases in Bethesda.

Role of the Domestic Violence Attorney

Evidence is not dismissed; a case is dismissed. Evidence is excluded. Evidence in Bethesda domestic violence cases must be authentic, genuine, related, substantive, helpful, and not overly prejudicial. The defense lawyer determines what evidence is and is not admissible and whether certain evidence should be kept out, such as third party witnesses who can be unhelpful in defending a case. Getting evidence excluded, including witness testimonies, is an important part of the defense attorneys job if possible in domestic violence cases.

Witnesses must give an independent, unbiased view of what actually happened so the judge or jury can decide what took place without the influence of personal preferences, dispositions, feelings, or sentiments from the witness. However, they often think their goal is to show what a bad person the accused is, when in fact, that is not an appropriate testimony. If the witness goes above and beyond what they are allowed to do, the defense lawyer should attempt to stop them from testifying to prevent the state from building its case.