What NOT to do if you have been charged with Domestic Violence

When someone is arrested for domestic violence battery, they want to do something RIGHT NOW! To make it all go away. This urge to “jump and do something” is the single most effective way to destroy your life. Even if you have no prior record, these techniques are tried and true.

Violate Bond Conditions

This is a very simple “If/Then”. If you violate bond conditions, then you will go to jail until your case is resolved. Here are some easy violations:

• After the arrest, the defendant made bond. Like everyone else, he was told he could have one visit with law enforcement to gather personal items. Instead, after posting bond he had a third party text the complaining witness and told her to leave because the defendant was coming by to pick up his personal items. The cops were waiting for him when he got there and promptly arrested him for violating bond conditions: third party contact will violate bond conditions.
• After making bond, the defendant had his brother take the complaining witnesses car to a remote location because it was “in his name” and because he “made the payments”. The Court held that this violated the property condition: personal items do not include vehicles driven by the other party.

The above two are examples of violations of bond conditions that have occurred repeatedly over the years I've practiced. Don't do these things.

Confuse “the story” with evidence

Clients will often start with “let me tell you what happened…” No, please don't as this is the last thing I want to hear. We use Fact Pattern Reports for a reason. One of those reasons is the difference between chatting about a case versus working on a case. Chatting is a complete waste of time for one reason: no useful work is performed. 

But for you, talking about what happened is cathartic, a profound emotional release. Dealing with the stress of arrest and prosecution is half of the battle. Let me give you an example:

Attorney: “Did A hit B?”

Witness: “Well, I was in the back seat of the F150 and I was trying not to listen to them because of the arguing that had gone on all weekend. We had all been partying and up late and I was tired…”

Attorney (much louder): “DID YOU SEE A HIT B?!?”

The one word answer is evidence. The long story before it was not important at all.

The Story is filled with emotion. Evidence has none at all. The Story is a wasteful, time eater. Evidence is critically important. Remember this well: it will be necessary later.

Ask for the Maximum Sentence

Around now, you are thinking “do people really ask for the maximum sentence?” 

Yes, they do. On a regular basis. The problem is, they don't believe they are asking to get maxed!

This is how it happens:

Client: “You want me to take three years of probation, domestic violence classes and pay money for something I didn't do?!? I'm going to trial!!! They'll never take this case to trial, they'll drop it!”

Attorney: “The maximum penalty is 15 years, the offer is good until Friday. We have reviewed the evidence together and this is what will come out at trial: she has marks on her throat, two teen age witnesses who say you grabbed her neck and you sound intoxicated on the body cam video when you denied touching her.”

Client: “But I'll lose my job/career and my life will be destroyed all because of something I didn't do!!! I'm going to trial!”

Whether it is a felony or a misdemeanor; a year, five or fifteen years, people have repeatedly asked for the maximum in my career by not fully getting it. In each case, they took a bad case to trial and were stunned to get the maximum. So, if you've paid good money for legal services, don't ignore the advice when it is something you don't want to hear. People who take bad cases to trial will get the maximum regardless of prior record.

Ignore Damage Control

Here is how several of these things operate to destroy your life completely. When someone is lost in The Story of how they were the one mistreated, they ignore evidence because “surely anyone who knew the whole story would find me not guilty!”

This is delusion.

In cases of every type, the best mental strategy is:

Every case is going to trial and Every case is going to settle

Nothing gets missed when you are thoroughly prepared. However, many clients hate this approach because they only want to hear that they will win. 

Here's the truth: you have already taken damage by investigation, arrest and prosecution. You will pay legal fees even if you use the Public Defender. Ignore damage control and you could seriously hurt yourself even by winning:

1. After some serious damage control (this can be any one of hundreds of things) Client A agrees to a negotiated dismissal with some terms to be completed over a few months. The case is later dismissed, and the record is expunged.
2. Client B goes to trial and wins. With trial fees and defense expenses, the fee is more than twice the pretrial fee and the stress made Client B sick.
3. Client A is sentenced to probation, has to pay probation and court fees as well as attend domestic violence intervention classes.
4. Client B loses, and the judge revokes bond. Defense counsel files a notice of appeal electronically and moves the court for a post conviction bond. This fails and the client is remanded to custody for sentencing later where the maximum is imposed.

Since you have already taken damage, keep your head in the right place and make good, smart decisions based upon evidence and legal advice. It's not that we don't want you to win, it's that we don't want you to be an example of the worst case scenario.