AGGRESSIVE LEGAL DEFENSE YOU CAN COUNT ON 1 Turks Head Place (76 Westminster Street), Providence, RI 02903 | 401.421.1440 | [email protected]www.aggressivelegalservices.com The Rhode Island Domestic Violence Act states that “the primary duty of law enforcement officers when responding to a domestic violence situation is to enforce the laws allegedly violated and to protect the victim.” And while domestic violence is an unfortunate and frequent occurrence, the result of this law is that a larger number of warrantless arrests are made by police. In addition, the consequences for those suffering from a domestic violence arrest can be more severe than deserved. Here is what you can expect if you are ever arrested on domestic violence charges. THE POLICE ARRIVE ON THE SCENE Police officers are trained to separate the parties and witnesses, interview them, and determine if probable cause exists to charge anyone with a crime. If the police find any probable cause that a crime was committed, they will generally make an arrest at the scene. If police find probable cause that both individuals involved in the domestic dispute committed a crime, they will generally arrest the person they consider to be the primary aggressor. Remember, if you talk to the police during the on-scene interview without a lawyer present, you do so at your own peril and may open yourself up to criminal charges based upon your statements. Actions taken in self- defense, i.e. hitting back, do not eliminate probable cause that the crime of assault was committed. In other words, it’s generally wise to remain silent when police question you in these circumstances. Your words will not save you from being charged and will only be used against you. WHAT TO EXPECT IF YOU ARE ACCUSED OF DOMESTIC VIOLENCE
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AGGRESSIVE LEGAL DEFENSE YOU CAN COUNT ON1 Turks Head Place (76 Westminster Street), Providence, RI 02903 | 401.421.1440 | [email protected]
www.aggressivelegalservices.com
The Rhode Island Domestic Violence Act states that “the primary duty of law enforcement officers when responding to a domestic violence situation is to enforce the laws allegedly violated and to protect the victim.”
And while domestic violence is an unfortunate and frequent occurrence, the result of this law is that a larger number of warrantless arrests are made by police. In addition, the consequences for those suffering from a domestic violence arrest can be more severe than deserved.
Here is what you can expect if you are ever arrested on domestic violence charges.
THE POLICE ARRIVE ON THE SCENEPolice officers are trained to separate the parties and witnesses, interview them, and determine if probable cause exists to charge anyone with a crime.
If the police find any probable cause that a crime was committed, they will generally make an arrest at the scene. If police find probable cause that both individuals involved in the domestic dispute committed a crime, they will generally arrest the person they consider to be the primary aggressor.
Remember, if you talk to the police during the on-scene interview without a lawyer present, you do so at your own peril and may open yourself up to criminal charges based upon your statements. Actions taken in self-defense, i.e. hitting back, do not eliminate probable cause that the crime of assault was committed.
In other words, it’s generally wise to remain silent when police question you in these circumstances. Your words will not save you from being charged and will only be used against you.
WHAT TO EXPECT IF YOU ARE ACCUSED OF DOMESTIC VIOLENCE
AGGRESSIVE LEGAL DEFENSE YOU CAN COUNT ON1 Turks Head Place (76 Westminster Street), Providence, RI 02903 | 401.421.1440 | [email protected]
www.aggressivelegalservices.com
ACT QUICKLYGet a lawyer on your side quickly. Decisions as to how to proceed in your case need to be made fast. Decisions, such as collecting potentially helpful evidence - emails, text messages, etc., interviewing witnesses, or starting a dialogue with police or prosecutors, can have a major impact on your case and should be trusted to an experienced attorney.
This will minimize the risks and damage you are facing and may help you to avoid domestic violence charges as well as potentially stop the filing of restraining orders, no contact orders, and other protective orders that will radically alter your everyday life.
BEING CHARGEDYou will face domestic violence charges and likely a no-contact order. Even if the party who is given the protection of a no-contact order doesn’t want one, an order barring contact will be issued.
Once in place, no contact orders are extremely difficult to lift or even modify. A violation of the no-contact order will put a defendant at risk for being arrested on a new charge and presented and possibly held without bail as a bail violator.
Prosecutors can be very aggressive in filing domestic violence charges due to the intensely political nature of the charges - and the publicity that goes along with it. Domestic violence offenses have powerful advocacy and lobbying groups that challenge government officials to strengthen these laws with increased penalties.
Civil restraining orders may also be issued out of the District or Family courts and place more specific orders that set parameters in regards to your personal life.
A civil restraining order involves property judgments, pet orders, child custody arrangements and more. Restraining orders may also include criminal protective orders and emergency protective orders. The violation of a civil restraining may result in the filing of criminal charges.
AGGRESSIVE LEGAL DEFENSE YOU CAN COUNT ON1 Turks Head Place (76 Westminster Street), Providence, RI 02903 | 401.421.1440 | [email protected]
www.aggressivelegalservices.com
IMPACT ON DAILY LIFEA conviction for a crime of domestic violence will have devastating consequences upon your daily life.
A conviction will require 26 weeks of court approved domestic violence counseling, the issuance of a continued no-contact order, and potential jeopardy for any alleged violation of probation (that is, jail). In addition, one’s ability to own or possess weapons will be directly impacted by a conviction.
Second or third offenses for crimes of domestic violence carry with them mandatory jail sentences.
FALSE ACCUSATIONS ARE COMMONIf you ran up to a police officer right now and made a report of a crime that didn’t happen, you would receive criminal charges. However, with domestic abuse charges, this is not the case.
Courts never charge the accuser in a false domestic abuse case. The reason being is that they want everyone to feel comfortable enough with the legal system to come forward in actual cases of abuse. Giving a victim any additional reasons to not speak up could cause harm to more people than the good that could come from prosecuting someone.
However, there are, on average, 700,000 false charges of domestic violence each year in the U.S. False allegations of domestic violence occur at a high frequency in divorce proceedings. In fact, 25% of all divorces include allegations of domestic violence. Some people even use this type of tactic as a tool in child custody battles.
Again, the critical necessity of hiring a criminal defense attorney as soon as you’ve been accused of domestic violence cannot be overstated.
POSTING BAILIn Rhode Island, bail may be posted with cash or credit in the amount of 10% of the total bail. In other words, a $10,000 “with surety” bail may be posted with $1000. This money is returned at the conclusion of the case, less any court costs.
You may also post equity in property so long as you have the documents to prove you have $10,000 worth of equity and the Attorney General’s office agrees and signs on.
Finally, you may post bail with a bondsman. A bondsman will charge you 5% of the total bail (in the example above, $500 to post a $10,000 bail). The difference is, the bondsman keeps the money as his fee to post his property as surety.
AGGRESSIVE LEGAL DEFENSE YOU CAN COUNT ON1 Turks Head Place (76 Westminster Street), Providence, RI 02903 | 401.421.1440 | [email protected]
www.aggressivelegalservices.com
CHARGINGAll misdemeanor and felony cases are brought to District Court in the form of a criminal complaint.
If a felony is charged, the Attorney General has six months to formally charge you in Superior Court by filing a Criminal Information. A Criminal Information is a package prepared by the Attorney General setting up the charge or charges and it includes the police reports and witness statements in support of this charge.
PRE-TRIALAfter the arraignment, the pre-trial process begins with mutual requests for discovery. Your attorney must formally request in writing copies of all evidence that the state used to charge you and all evidence it plans to use at trial to convict you.
The pre-trial process for misdemeanors can take two to six weeks. For felony charges, the process is much longer, lasting anywhere from six to twenty four months depending upon the complexity of the case.
PLEA BARGAINIf a plea agreement is reached between your attorney, the prosecutor, and the judge, you will appear before the court to formally change your plea from not guilty to nolo contendere. In Rhode Island, a nolo plea is essentially a plea of guilty since you are admitting to the facts forming the basis of the charges.
AGGRESSIVE LEGAL DEFENSE YOU CAN COUNT ON1 Turks Head Place (76 Westminster Street), Providence, RI 02903 | 401.421.1440 | [email protected]
www.aggressivelegalservices.com
IN SUMMARYIf you or your loved one has been accused of domestic violence, the two most important things that need to be done are:
Your or your loved one’s future hinges on your being calm and making the right decisions.
THE TRIALA trial in the District Court for misdemeanor charges of domestic violence takes place before a judge. Any adverse finding may be appealed to the Superior Court where a defendant is entiled to a jury trial on the same charge(s).
Felony trials in Superior Court generally start with pre-trial motions in limine, to limit the evidence each side expects to show the jury. This is followed by jury selection. During the jury selection process, each side has the ability to strike jurors that appear to be biased against their side.
Once a jury is selected and sworn in, each side has the opportunity to present opening arguments. An opening is a road map of the case, pointing out what evidence each side intends to present to prove their case.
After opening statements, the state presents their witnesses in the form of direct examination and defense counsel has the opportunity to cross examine them.
After the state finishes its case, defense counsel may move for a judgment of acquittal on the basis that the evidence fails to prove the charge(s). If denied, defense counsel may present its own witnesses or rest.
If defense witnesses are presented, the state may cross examine them and present rebuttal witnesses - or witnesses called to rebut or refute what the defense witnesses testified to.
After all evidence is presented, each side gets to present closing arguments to the jury, starting with defense counsel. Once closing arguments are completed, the judge will instruct the jury as to the applicable law and then select 12 jurors to deliberate. Any criminal verdict must be unanimous.
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