Do You Need to Hire a Riverside California Domestic Violence Attorney?
Domestic violence is a devastating charge in California.
Domestic Violence charges are serious. Some say political correctness has led to both men and women being overcharged in domestic violence incidents anytime there is the slightest hint of a spat, let alone actual violence. Whatever the reasons for the aggressive arrests and aggressive charging, the consequences of a criminal conviction for domestic battery or criminal threats in California are even more frightening!
Domestic Violence Charges are Serious! – Consequences often Draconian!
Domestic Violence Charges are very serious, and because of political pressure and new and ever more harsh laws from the Federal government and the state legislature, even innocent situations, one law enforcement become involved, can change your life, even ruin your life as you know it, if not defended aggressively.
If you have been charged with domestic violence in California, male or female, you face significant jail or prison time. In addition, you are also faced with having a temporary restraining order against you which will make it unlawful for you from being near your spouse, partner, children — even accessing your own home. And, no, it won’t make a difference if your partner or spouse doesn’t agree with that lawful restraining order just as it will often not matter if your significant other wants all charges against you dropped.
NOTE: Because of “Criminal Protective Orders” (CPO) that are usually issued on domestic violence cases at arraignment, either ‘no contact with the victim’ or ‘no negative contact with the victim,’ those accused of domestic violence and served with a CPO (Criminal Protective Order) will have to get rid of their firearms even before they are convicted of a crime.
Once charged and/or arrested for domestic violence, dropping those charges is not your call! It is out of your hands and control. It is now the state who is stepping in as the “victim” and prosecuting the “offender” even if the offender is innocent; very often even if both parties insist it was all a big misunderstanding. You need to talk with an experienced domestic violence attorney immediately.
Former Prosecutor Defending You!
A person does NOT have to commit a crime to be taken to jail by the police. This is often the case in “mandatory SOMEONE must be arrested” domestic violence cases.
While a prosecutor with the Riverside County District Attorney’s Office, Joe was promoted to the FELONY DOMESTIC VIOLENCE UNIT.
Call Joe ASAP at (951) 225-4130.
What happens after being arrested for a domestic violence in California?
The law enforcement officers who were called to a ‘domestic incident scene’ will write up a detailed police report, record names of witnesses, obtain statements from those witnesses, run the offender’s name of the person arrested through law enforcement computer database(s) to get a criminal background check. Typically, the arresting officers turn the reports and “the case” over to a detective or more senior LEO staffer who will then decide if the arresting agency is going to forward the case to the District Attorney’s Office. Sometimes a quickly-hired attorney can make a difference if law enforcement referring your case to the DA’s office (or not) if your attorney can sit down with the police BEFORE the recommendation is made. If arrested on Friday night, or the weekend, you sometimes have longer to intervene than if the arrest is during the week.
Get legal representation from a Riverside domestic violence defense attorney
at the earliest possible opportunity.
What if my partner or spouse wants to drop the charges?
A lawyerly answer is “it depends.” The law enforcement detective or officer overseeing the case will usually attempt to interview your spouse or partner to determine why she or he has decided they now want the charges dropped. Unfortunately, these cases are so politically charged, advocates of strong domestic violence prosecution might attempt to encourage the “victim” to continue supporting charges being referred to the prosecutor’s office.
Where to Domestic Violence Prosecution Advocates Come From?
If there are minor children in the home and Child Protective Services (CPS) or Department of Child and Family Services (DCFS) was called out the day of the incident or the following day(s), those social workers are often the professionals who will strongly advocate for a complainant to participate in pursuing the case with law enforcement and the DA’s office. Getting the county offices of CPS or DCFS involved in your life can be a huge mess and can complicate your life and drain your finances for years: complainant, defendant and kids! If you are involved in a situation that really was a “fluke” or a misunderstanding, you also want your attorney to keep the county government out of your lives from the social services world. You might end up with two cases to defend and financial costs and family destruction that is often associated with CPS fiascos.
The Prosecutor usually makes the final decision
Once an arrest is made the arresting agency might or might not refer the case to a prosecutor in the DA’s office. It is generally the prosecutor who reviews the case who is the decision-maker who decides whether or not there is sufficient evidence to proceed to win. Win is the magic word. Prosecutors and the DA’s office (often controlled by a political appointee) likes prosecuting “winning cases.” THe DA’s office does not want cases that are wobblers as to the outcome. If an attorney representing you can get the ear of law enforcement, or the ear of the prosecutor and convince them that the case is a non-starter, or will be rolling the dice as to winning, often charges can be dismissed outright or charges significantly lessened. Having legal representation intervene on your behalf at this stage is important as prosecutors are resistant to walk a case back once they pull the trigger. Far better if you hire an attorney ASAP to work all the angles quietly — behind the scenes — out of the public record (i.e. not in a courtroom) before your case spirals unnecessarily out of control.
I was charged for a Domestic Violence FELONY, what can I do?
If you can secure a competent domestic violence defense attorney in the earliest hours of the case, your attorney can attempt to make a pre-file intervention on your behalf to paint a picture of what really happened, or why the prosecutor should entirely dismiss the case, or at lease reduce the over-charged felony to a misdemeanor. The prosecutor will decide on what charge(s) will be filed, based on the facts of the case.
Unfortunately, often all a prosecutor and given that many cases JUST have the police’s version without your version being explained one-on-one by your attorney, felony charges may result. On the other hand, with pre-filing intervention by a competent attorney, many cases are outright dismissed or the initial felony recommendation can be reduced to a misdemeanor charge.
What if a non US Citizen is convicted for domestic violence?
Non U.S. citizens, even if just arrested and not convicted for domestic violence, might be subject to deportation. If you are desirous to stay here in the United States, or to eventually become a citizen, then you should fight the charges aggressively as if your life depends on it. Because, your life as you know it, might change dramatically. Moreover, if convicted, chances for citizenship may be derailed. To head off these consequences, it is extremely important that you are well-represented by an experienced California domestic violence defense attorney so you can aggressively fight the case being filed, or if filed, so that you are not convicted. Hiring an accomplished Riverside domestic violence defense lawyer, who was a former prosecutor in these very cases, can make all the difference. The sooner you me, the sooner and more effective I can be to protect your rights and defend you.
Punishment and Penalties for a Domestic Violence Conviction
The penalties in California for domestic violence are harsh! A criminal conviction for domestic battery or criminal threats in California may result in jail, large fines, mandatory domestic violence counseling sessions which meet two (2) hours weekly for a minimum of one year, mandatory alcohol education classes, personal conduct orders, stay away orders, temporary restraining orders, and other punishment as provided by Penal Code section 1203.097. For that reason, it is critical that that a person charged with domestic assault, domestic battery, criminal threats or stalking have only a qualified domestic violence defense lawyer to handle the case from the earliest possible moment.
Call an Experienced Criminal Defense Attorney
I am a former Riverside Prosecutor who now represents clients in criminal cases related to domestic violence, assault, battery, and responses to restraining orders. My office and my investigators represent clients in Riverside County, the Inland Empire and beyond.
If you have been charged with Domestic Violence, battery or criminal threats:
(1) – DO NOT voluntarily speak with the police, and
(2) – DO consult with a Riverside Domestic Violence defense attorney as soon as possible.
Call me, Joseph Galasso, a former Riverside Deputy District Attorney – and now a private Riverside Criminal defense attorney defending those accused and charged with crimes. I offer a NO cost, FREE consultation to see if we are a good fit. Phone me 24/7 at (951) 225-4130.