A person may sometimes feel like they have already been convicted when they are charged with domestic violence because the process can feel, and in some cases be, remarkably unfair. It is very common for an Alexandria domestic violence attorney to have conversations with clients who have been charged to ask, “How is it possible that I could receive a criminal charge based on solely the word of one person who may not be telling the truth?”
The answer is that under our system, it is remarkably easy to get a warrant against someone else simply by accusing them. This process can lead the person to feel like the system is not going to treat them fairly. It is important to keep in mind that while the hurdle is low for getting a charge to be issued, it is high for securing a conviction for a person.
Just because the process has been unfair to an individual and may lead up to an individual getting the charge during the domestic violence investigation, it does not mean that it is going to necessarily be an unfair trial. The important thing to understand, to keep it from being unfair, is to make sure that there is a fair process from the beginning. An individual has to have the assistance of an experienced domestic violence attorney who has tried a lot of cases to help them protect their rights during their Alexandria domestic violence investigation.
A person, during the investigation and throughout all of the stages of their case up until a point they are convicted, maintains all of the constitutional rights which are guaranteed to them under the amendments of the US Constitution, so that includes the right to be free of unreasonable searches and seizures under the Fourth Amendment.
It is going to include the right to not be compelled to give evidence against the individual themselves under the Fourth Amendment or sometimes what is thought of having the right to have a Miranda warning before an individual is questioned, or while they are under arrest.
The Fifth Amendment, as well as the Sixth Amendment, also guarantee the right to have counsel be present and to have the assistance of this counsel in all of the meaningful phases of the process. And last but not the least, the Bill of Rights guarantees the person’s right to have the case heard by a jury of their peers.
Rights during a domestic violence investigation in Alexandria are important for a person to be conscious of, and they need to actively exercise them and that an Alexandria lawyer will assist them with to the maximum advantage throughout the course of their case.
It is important to retain the help of someone who is experienced in the area if an individual is defending a domestic violence charge in Alexandria because, just as is true in many jurisdictions, there are peculiarities in this jurisdiction. The procedures are slightly different and, certainly, the personalities and the way that things get handled are different. It is important to make sure that an individual has something of an advantage when they are defending something as serious a domestic violence charge.
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