Evidence in Virginia Domestic Violence Cases
Evidence in Virginia domestic violence cases plays a big role in the defense of an individual facing domestic violence charges. If a person is charged with domestic violence in Virginia, it is important to speak with a domestic violence lawyer that has knowledge of local laws. A Virginia domestic violence lawyer can help you plan an appropriate defense for your charges.
Types of Evidence
There are a couple of categories of evidence in Virginia domestic violence cases that are going to be important in a domestic violence case. One is going to be witness testimony that can be a testimony of the victim, of other witnesses not involved, and in some cases statements made by the accused. There may be documentary evidence, such as medical reports and police reports, which will be important. Along with that, there is often physical evidence of injuries, such as photographs or medical reports that document the allegations that the victim and the case.
In some cases, Virginia domestic violence lawyers are able to suppress evidence. Evidence in Virginia domestic violence cases can be suppressed if it is illegally obtained. For example, if a confession is made without a Miranda warning and a person has been placed under arrest that evidence may be excluded and kept out of court.
Sometimes there are illegal searches which may result in evidence that is the fruit of that search being suppressed. Attorneys are always scrutinizing the activities of the police to make sure that there were no violations of a person’s constitutional rights. If there were, they point that out and are usually able to get harmful evidence kept from being brought forward during a trial.
In most evidence in Virginia domestic violence cases, attorneys are not going to be able to keep a witness from testifying in a case. However, they are often able to discredit the witness or do what is called impeach a witness. Often domestic violence cases come down to credibility of witnesses, so it is important that if there are any credibility issues with the defendant or any inconsistencies in the defendant’s testimony, they highlight those for the court so that the court can
Importance of Local Knowledge
The reason is that evidence in Virginia domestic violence cases are not treated the same in every jurisdiction, even though the law in Virginia is the same everywhere. There are always personalities involved who are applying that law, whether it is a prosecutor exercising their discretion on whether to go forward with the case or how vigorously to prosecute a case or judge making a decision about guilt or innocence as well as punishment.
Knowing who is involved can make a crucial difference in not only whether a person is found guilty or innocent, but also in terms of what the punishment may be. Having local knowledge is going to give the attorney a significant advantage in knowing what the best tactics to select are and how best to assist the client.