Bethesda Domestic Violence Investigations
When dealing with domestic violence in Bethesda, the focus of the investigation is on the accuser of violence. The alleged victim is the most important piece of the investigation because they are the ones who suffer the consequences resulting in the charge. When there are injuries, there are also medical records if someone went to the hospital. Only the nature of the injuries can dictate whether a second-degree assault is elevated to the level of first-degree assault. The injuries can also prove whether the allegation is consistent. For example, if someone says they were punched in the face 20 times and kicked repeatedly, but their only injury is a scratch on their arm, the inconsistency between allegations and injury can tip off investigators that allegations are not true in their entirety.
The most important reason to have an experienced criminal domestic violence lawyer is that the investigation often takes place before charges are filed. An attorney is generally helpful in defending a case and representing the person in the court proceedings as well as getting the person released.
Role of an Attorney
Another reason to hire a local attorney is that investigators or law enforcement officers can interview the person repeatedly. Once that person has an attorney; law enforcement is prohibited from having any substantive conversations with them without the expressed permission of counsel. Many individuals think they are helping themselves by talking to law enforcement. However, they are only digging their own graves in that law enforcement officers are not truly there to investigate their side of the story. They are building a case against the person regardless of how friendly they may be in their conversations.
If someone says, “I did not punch him 20 times; I only pushed him once,” that is an admission of an assault. Law enforcement officers use many tactics to get individuals to admit they committed a crime. Unfortunately, those tactics frequently work because the person does not have the benefit of counsel to represent them.
Distinguishing Elements in Domestic Violence Investigations
The police officer does not determine the primary aggressor. The police officer interviews all parties and makes an assessment about whom to charge, who to arrest, and who to remove. Ultimately, it is up to the prosecutor to determine who to prosecute going forward. The police officer is only a stepping stone to the parties who handle the matter: the prosecutor and the judge or jury.
Domestic violence is different because it deals with an accused individual that suffered an injury at the hands of a closely-related or known person. Rarely is there an emotional element to other crimes which is different from domestic violence. The person is known to the allegations which why it becomes a little bit more contentious.
Rights of the Accused
A person accused of committing domestic violence has the right to request an attorney and not speak to anybody. They must make sure to exercise that right. Even if there is information that is exonerating and should be presented, it is best presented through an attorney. It is best to have that protection so nothing unintended is taken and used against the person because nothing the attorney says can be used against the defendant. However, anything the person says can be used against them.
A person who is charged with domestic violence is frequently treated as if they are already convicted. Part of this is that society has a tendency to generally view men as abusers and women as victims because of overarching patterns in these cases, but every individual should be given fair treatment while attempting to prove their innocence.