Domestic violence is a very serious charge and other states in the USA. In addition to carrying a prison charge, it also has other complications such as the inability to see your children. Due to the criminal record, some employers might avoid hiring you.
How to win a domestic violence case
As mentioned, a domestic violence case is very serious thus you should treat it with seriousness. The first thing that you should do is hire a domestic violence lawyer who will not only represent you in court but also help you in gathering evidence. The professional will also advise you on what you should say in court.
There are some people that make the mistake of failing to appear in court as they feel that they are innocent. You should never do it as it gives the judge the impression that you are guilty. The accuser also wins the case by default. The best way of going about it is appearing in court to show the judge and the accuser that you are ready to face the charges made against you.
Witnesses play a vital role in swaying the direction of the case. If you know anyone who was present during the said time you should ask them to come to court so that they can give their side of the story. Best witnesses to use are neighbors, family members, or passersby’s’. Your character also plays a role in helping the judge make a ruling. You should ask your ex-significant other to come and give a testimony about your character. Sometimes the witnesses may fail to cooperate. In such a situation you should work with your defense lawyer and subpoena them to appear in court.
In addition to presenting witnesses, you should also present counter-evidence in court to challenge the case. Great evidence includes medical records from the doctor that show that the accuser wasn’t hurt thus he/she is lying. If your accuser has a history of lying, you should bring in character witnesses that will help you cast doubt on the evidence presented by the accuser.
Just like in any other case, your ability to win a domestic violence case depends on your ability to show that you are innocent. If this is your first time to face criminal charges, it’s impossible to win the case without the help of a professional criminal defense lawyer. For ideal results ensure that the professional is experienced and certified to work in your area.
Expungement is the process where you ask the court to remove certain records from your police and court records. You should note that you can’t file for expungement at all times. Here are some of the situations when you should consider doing it:
- When you were acquitted (found not guilty)
- Your case was dismissed
- You received probation before the case reached judgment. While your documents can be expunged when your case doesn’t reach judgment, it’s a different scenario when you have committed a DUI offense. In such a case it’s recommended that you hire a DUI attorney.
- Your case is postponed indefinitely
- When a Nolle Prosequi is entered on your case. The Nolle Prosequi is entered when the prosecutor decides to drop the case before or during the trial.
- When the case before you isn’t criminal in nature. Some of these cases include trespass, loitering, disturbance, urination or defection in public, sleeping in doorways, benches or park structures, vagrancy, telephone misuse among many others. When filing for expungement you should work with a criminal defense attorney who will help you in knowing whether your case is criminal or not.
How to file for expungement
You should work with your criminal defense lawyer and obtain a petition for “expungement of police and court records.”
Once you have the forms you should fill them correctly including all the required information. If you have several charges against you, you should ensure that you know all the cases made against you, the case numbers, dates when you were arrested, the law enforcement agency that arrested you, and the dates when the cases were completed.
If you have a case/cases that are too old thus you may not have exact details about them, you should request a copy of your rap sheet.
When filling the forms you should use broad language. You should ask the court to expunge all of your police records, court records, and any other records that might be held and its subdivisions. You should note that if you fail to use broad language the court may only remove the specific records that you requested.
Conclusion
After filling the forms you should give a copy of the document to the criminal defense attorney and any other law enforcement agency that you mentioned in your petition. The court will review your petition and within 90 days you should get the verdict.
If successful, your records will be expunged and you won’t have any crime in your records.
