The Challenges Of A Domestic Violence Case And Probation.
The Challenges Of A Domestic Violence Case And Probation.
Ray Hrdlicka – Host – Attorneys.Media
“How does that work with domestic violence cases?”
Andrew Dósa – Criminal Defense Attorney – Alameda County, CA
“Well, the challenge with domestic violence cases is almost always greater in the situation where the couple wants to stay together.”
Ray Hrdlicka – Host – Attorneys.Media
“Of course, that’s why I ask the question.”
Andrew Dósa – Criminal Defense Attorney – Alameda County, CA
“If they were breaking up, it would be a little bit more straightforward. The person who was the victim of domestic violence would know if there was a split in the relationship. That if they see this other individual within a distance, they can call the police right away. And local police are always going to have a record of it.
There are two types of stay-aways. There’s the typical stay-away, and then there’s what they call the CLETS stay-away. That’s where there is a statewide electronic system where information is inputted into the system, so any police officer anywhere in this state could get a report from the victim and that victim could say, ‘this person has a stay-away order’, and then the police officer could check the system and find out that indeed is the case. They would find it out if they stopped you for simply speeding. They would find out there is a stay-away order against you. So, that’s common.
If the couple wants to get back together again, then the courts will require, and different courts have different requirements, but all courts will require some sort of counseling for the victim.”
Ray Hrdlicka – Host – Attorneys.Media
“So that’s going to be part of the terms and conditions of probation.”
Andrew Dósa – Criminal Defense Attorney – Alameda County, CA
“Correct. And then contact with the victim can only be renewed once the victim does a certain amount of counseling on their own to open up the communication. It used to be two sessions of counseling specifically addressed to that person as a victim, where they were being told, ‘now look, you are in a abusive relationship. Are you a person who gravitates toward abusive relationships, and if you are, then this is a vulnerability. You’re going to come back here, you’re going to be married to the same problem. Part of the problem is you.’ Not that they caused the violence, but that they get into relationships where there is violence. If they can’t stay away from that kind of relationship, that’s an issue. Most courts now seem to require at least six sessions of counseling.”
If you’ve been charged with a crime, one of the things that you should think of is what type of defenses are available to you. There are different types of legal defenses available in criminal law, and the type of criminal defense applicable to you and your case will depend on your situation.
Criminal defense law consists of all the legal protections given to individuals who have been accused of committing a crime. In criminal court, the prosecutor must meet the burden of proof – that is, the responsibility of proving their allegations against the accused.
The police and prosecutors have plenty of resources at their disposal to go after someone and charge them with a crime. To balance the power within the justice system, certain protections are in place for the accused. These, and the skills and experience of a defense attorney will dictate how a defendant will be treated in criminal litigation.
An experienced criminal defense attorney knows how to use constitutional laws for the benefit of their client. For instance, criminal prosecution is based upon the evidence gathered by law enforcers. This evidence can be in the form of physical evidence. This will usually consist of objects found in a crime scene, like a possible weapon, tire marks, shoe print, or even tiny pieces of fabric.
Common Defenses in a Criminal Case
There are many common defenses to criminal charges. You may argue that there are inconsistencies in the prosecution’s case against you, that the evidence gathered violated your constitutional rights, or that you had a justifiable reason for committing the crime. Below are some common primary criminal law defenses.
The defendant didn’t commit the crime you were charged for. The defense can provide an alibi proving you weren’t at the scene when the crime occurred, or present evidence and witnesses that can counter the prosecution’s case.
The defendant admits to using force. However, the defense argues that it’s justified since it was done in self-defense due to the violent and threatening actions of the other party.
The defendant may plead insanity to avoid being punished, since a criminal punishment is only justified if the offender has full control over their actions and understand that what they did was wrong.
In certain circumstances, a defendant may commit crimes under the influence of alcohol and drugs. This can be used as a criminal defense as if it affects the defendant’s mental functioning to the point where they cannot be held accountable for their actions.
If law enforcement officers caused the defendant to commit a crime that they wouldn’t have otherwise committed, then it’s considered entrapment and be used as a defense in criminal court.
Claiming innocence is one of the most basic defenses to criminal liability. You must remember that the prosecution has to prove the crime filed against you beyond a reasonable doubt. If you’re innocent, you don’t have to prove anything, but you can provide documents, testimonies, or evidence that will support the claim that you’re innocent.
A constitutional violation is a type of criminal defense used if the evidence collected by the prosecution was gathered in a manner that violated your constitutional rights. This can include the illegal search, entry, or seizure of your house, car, clothing, etc. Failing to obtain an entry warrant, getting an improper confession, or failing to read to you your “Miranda Rights” at the time of your arrest are also constitutional violations that could lead to suppression of evidence against you or the total dismissal of the case.
Similar to self-defense, you can use this type of defense if you have used a justifiable amount of force or violence to protect others who are being threatened or are in danger.
Other types of criminal defenses include defense of property, necessity, involuntary/voluntary intoxication, mistake of law, coercion, abandonment, and the statute of limitations.
If you’re accused a crime in California, it can be difficult to know where to start. That’s why you need an experienced defense attorney on your side when you face your charges. With over 20 years of experience successfully defending clients in California, Andrew Dósa understands the unique challenges of criminal defense in Alameda, CA and other areas in California.
Contact Attorney:
Andrew Dosa
Andrew Alexander Dósa is a trial attorney with more than 36 years of experience in civil/business litigation, criminal defense, personal injury claims, and estate planning.
