Prosecution of Domestic Violence Cases in Prince George’s County
Before someone can prepare for the prosecution of domestic violence cases in Prince George’s County, they must first understand that domestic violence is a general category under criminal law. Typically, the primary charge under domestic violence is second-degree assault. The elements are a harmful or offensive, unconsented to contact or putting somebody in fear or apprehension of a harmful or offensive contact of that nature. If you need more information regarding this offense, speak with an
established domestic violence lawyer.
Who Typically Brings a Family Violence Case to Court?
Generally, it is the victim that reports to police and files an application for charges or the police observe something that leads them to press charges. Once those charges are pressed, the prosecution of domestic violence cases in Prince George’s County receives a file and decides whether it is a merit-based allegation. In that case, they could prosecute if they think it is fabricated or overstated or decide that it is not appropriate to prosecute.
Who Should Be Put on the Stand During Trial?
Putting an accuser on the stand has many benefits. Not putting an alleged victim on the stand is also beneficial if they have no evidence or if they cannot find the victim. If one does put a victim on the stand, then that gives the defense an opportunity to cross-examine the witness and to explore any credibility issues or any inconsistencies in the testimony.
Like any case, the prosecution of domestic violence cases in Prince George’s County will always put a witness on a stand. There is an emotional component in domestic violence cases that is not there with everyday theft or DUI. Oftentimes, a victim will start crying or there will be injuries. A judge or jury may be swayed by that, overlook certain inconsistencies, and somehow make it more difficult for a defendant to be exonerated in light.
Defining Evidence-Based Prosecution
Evidence-based prosecution means that the prosecution of domestic violence cases in Prince George’s County needs evidence to prove a case. Evidence could be considered pictures, records, videos, and testimony. Very frequently, individuals say they have no evidence and that is not exactly accurate. Someone’s testifying is evidence. Just because they do not have other evidence, such as photographs, videos, witnesses or eye witnesses does not mean there is no evidence and does not mean a judge cannot find somebody guilty.
Understanding the Role of an Attorney
The first thing an attorney must do is to obtain all the evidence in the case. Whether it is records, reports, photographs, statements, or videos, everything and anything must be obtained. Very frequently, it is not always an all-or-nothing situation.
Unlike a police officer reporting something, which is generally a little bit more accurate, with a victim or individual, oftentimes, there are exaggerations, misinterpretation, and things put in that are not exactly accurate. That is not necessarily intentional, but it could just be due to the fact that the person does not understand what they are conveying or saying.
If that is the case, attorneys must find the truth and analyze whatever they can to undermine the state’s case, the evidence, and the witnesses’ testimony. It could be critical for you to speak with a lawyer about the role of the prosecution of domestic violence cases in Prince George’s County.
