What You Should Never Do After Being Charged With Family Violence Assault
It can be very hard to deal with a family violence assault charge. What you do after your arrest can have a big impact on your case and your legal rights. Many people hurt their defense without meaning to by making decisions too quickly or based on how they feel. Knowing what not to do is just as important as knowing what you can do legally.
1. Do not resist arrest or act out against law enforcement
If the police arrive to arrest you on a third degree felony charge, it is crucial to remain calm and fully cooperate with law enforcement. If you resist, argue, or physically refuse to cooperate, the situation could get worse, and you could face more penalties. Staying civil and cooperative, you help ensure that your rights are upheld and that your legal problem does not worsen.
2. Do not make comments without law enforcement present
Statements made by you after having received a charge can be utilized against you in court. You have a right to remain silent and call for an attorney immediately without any utterance whatsoever. You should avoid trying to explain the matter to the police without the benefit of law enforcement, since egregious comments may be misconstrued or inaccurately reported.
3. Do not violate cease and desist orders or no contact orders
Many family violence matters will have conditions imposed by a court, such as dealings with the alleged victim involved. Violation of these instructions by trying to contact the other party or to approach him, using any medium, electronic or otherwise, will likely lead to further criminal charges and weaken your case.
4. Do not get into further trouble or further violence
After the charge is made, it is important not to engage in behavior that may be viewed as threatening or aggressive toward the alleged victim or anyone else who has been drawn into the case. Further incidents will mean increased penalties and will injure your defense. Conducting yourself in a polite, non-violent way will redound to your credit in court.
5. Do not attempt to handle legal matters without professional assistance
Family violence cases present extreme difficulty and carry with them the most serious legal implications. Attempting to manage your defense without experienced legal aid threatens to jeopardize your chances for a fair outcome. Employing a criminal defense lawyer familiar with family violence cases can give you self-knowledge and an effective defense.
6. Do not ignore court fixtures or legal communications
Failure to appear in the proper court, or ignoring notices to attend court hearings, will “in all likelihood” result in the issuance of warrants for your arrest, or in default judgments being made against you. It is always wise to reply promptly to notices received and to attend any legal hearings fixed. Complying will show the court that you are concerned for the court’s interest and the probable resolution of the matter in a proper manner.
7. Do not discuss your case on social media or elsewhere
Making references to or posting anything about your case or the incidents associated with it, on social media, has great potential for putting self-incriminating evidence in the hands of the prosecution. Such talk can be prejudicial to your defense or cause it to be useless, or lead to an acquittal, or cause the court to decide matters adversely. Therefore, until your lawyer advises you differently, it will be best to keep matters to yourself.
Key Takeaways
- Stay calm upon arrest and comply. Do not resist or fight the police.
- Stay silent until you have legal defensive representation.
- Follow all court orders, particularly non-contact orders.
- Refrain from further violence or threat of violence.
- Secure legal assistance by professionals, without delay.
- Never omit going to court on notices sent, or ignore legal notices.
- Keep matters pertaining to the case off social media to avoid self-incrimination.
