Being charged with domestic violence can hold a serious stigma and could result in serious consequences for the rest of your life. If law enforcement charged you with domestic violence, you should speak with a skilled lawyer immediately to discuss your legal options. A legal professional could help to explain the role of evidence in Prince William County domestic violence cases and work tirelessly to build a defense on your behalf.
Testimonies from every day witnesses and photographs are probably the most common forms of domestic violence evidence used in Prince William County cases. Other forms of evidence may include records of electronic communications, video or audio records, medical records, and expert testimony explaining the causation or effects of alleged injuries.
If the case involves enhancements for prior convictions on a person’s record, or an allegation that the accused violated a court protective order, then the court records relating to those convictions or orders may also be a standard part of the prosecution’s evidence.
The type of evidence that an accused might benefit from the most varies based on the specific case and charge, but generally speaking, the more objective the evidence is, the better. Domestic violence cases are usually personal and emotional, so evidence which does not require the court to trust a particular person’s impressions, recollections, or credibility is often helpful for defense attorneys to acquire.
It is also beneficial to acquire types of evidence that can be admissible on their own. For instance, an attorney may choose to use the input of witnesses who may already be present in court for trial, as opposed to requiring the subpoenaing of extra third-party witnesses or documentation. An experienced lawyer can assist their client in gathering the most effective proof in their Prince Williama County domestic violence case.
Domestic violence attorneys know that often the greatest thing they can do in a trial is to exclude certain forms of evidence that would otherwise hurt their client. Most forms of evidence have technical or demanding requirements for them to be admissible in court.
Defense attorneys prepare strategies to argue that the evidence is not admissible, either because of the inherent nature of the evidence or the process by which the prosecution has attempted to introduce the evidence at trial. Sometimes the constitution requires certain forms of evidence or admissibility, and defense attorneys may be required to argue that the gathering or the presentation of evidence is unconstitutional and, therefore, inadmissible against the defendant.
Sometimes, witness testimony proceeds into inadmissible areas of evidence. When this happens, the defense attorney can object to the admission of such evidence, as well as consideration of any comments made about such evidence.
Other times, certain witness testimony is technically admissible, but its potential truth or value is so minimal that the judge might be convinced to disregard the testimony. This circumstance might occur when a witness testifies in a way that is so unbelievable that their entire testimony can become inadmissible, even if the witness insists or swears to be telling the truth.
There are technical and protective rules of evidence that apply to domestic violence charges which might greatly disadvantage a defense to prosecution in Prince William County. There are also counter-intuitive substantive and procedural legal standards, as well as local court policies and attitudes, that can substantially deter an accused’s preferred legal defense.
Consulting with a local domestic violence attorney may be able to enable an accused to anticipate and navigate these legal barriers in the most favorable and efficient way possible.
Defending yourself against domestic violence charges can be difficult when you do not understand how to use the most effective types of evidence in Prince William County domestic violence cases. As a result, seeking legal assistance may be your best option if you are charged with this offense. Contact our office today for a consultation on your case.
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