Maryland Domestic Violence Investigations
Maryland domestic violence investigations must always have an eye-witness victim. Sometimes there will be a third-party witness that observed the incident that can be used during trial. The types of evidence in a domestic violence investigation can include injuries, medical records, 911 calls, reports, as well as physical evidence including objects that may have been used. Evidence from the investigation in drug, DUI, or theft cases is usually different.
Investigators will interview victims and witnesses and obtain medical records, surveillance footage, and statements by anybody else that could be relevant to pain. Those are all things that come into play when conducting Maryland domestic violence investigations.
If an individual is the subject of an investigation, they can contact a distinguished domestic violence attorney to begin preparing for any charges they may face. It is never too early to hire a local attorney with experience in collecting evidence and creating defenses for domestic violence cases.
How Police Officers Determine Primary Aggressors
If the police officer themselves did not see who the aggressor was, all they can do is make the best guess based upon witness statements, testimony, and particularly any injuries that any party may have.
Determining the primary aggressor in Maryland domestic violence investigations is usually a bigger concern when the two involved individuals are unrelated domestically. One is dealing usually with a husband and wife, boyfriend-girlfriend, parents, children, or a family member in domestic cases.
If only one party had injuries, it is pretty straightforward but if both parties have injuries that become a bigger issue. They interview both parties if they are willing to speak and try to ascertain which one is the more credible witness. Sometimes, both parties are charged and it is up to the prosecutor or judge even to decide who the instigator is . Police are not looking to help individuals charged with domestic violence. Often, the person charged has already been judged guilty and that is unfortunate and that is not the way it should go but that is the way it goes.
However, it is also worth knowing that if an officer is unsure of what actually occurred, that significantly weakens their report. All they can testify is to observations. The officer can only give their actual observations but they are not allowed to offer speculations.
Rights of the Accused During an Investigation
The accused individual has the presumption of innocence for the entirety of proceeding although that will not necessarily stop them from being arrested upon suspicion of committing the act. The individual has the right to have an attorney throughout a Maryland domestic violence investigation. They do not have to speak if they do not want to with anybody—investigators, prosecutors, or anyone for that matter. They should maintain those rights and exercise those and have an attorney every step of the process.
Treatment in Court
In Maryland domestic violence investigations, the injured party will be viewed as the vulnerable party in the court case. Typically, prosecutors, jurors, and investigators can all sympathize far more with the alleged victims of domestic violence because of the nature of the allegation, the need to protect the victim or vulnerable individual, and perhaps they might even be able to relate with the alleged victim. In domestic violence situations, the alleged victims themselves are a much more significant part of how the case proceeds.
Value of a Maryland Lawyer
It is vital that you have an attorney on your side because no one else is looking to help the defendant charged. They are looking for an admission of guilt, and to gather evidence to use against you. Only an attorney who has handled Maryland domestic violence investigation will know how to properly address the pitfalls, the strategy, and know what defenses to raise. Domestic violence is a unique type of charge. Therefore, it is necessary to have an attorney that has regular practice handling these types of cases and will have an understanding of the proper methodology on how to approach the case, build a defense, and get the best result for their client. If you are facing these charges, it is not ideal to wait to hire a Maryland domestic violence lawyer.