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Five Common Myths Associated with Domestic Violence Charges

Because many local agencies have a policy encouraging an arrest, regardless of injury or available evidence, domestic violence battery is one of the most common charges in criminal court. Of all misdemeanor charges, DV can have among the most devastating consequences - including MANDATORY jail time for anyone convicted, regardless of prior criminal history. Read on to learn some of the most common myths associated with this serious charge.

  1. MYTH - I don't need to hire an attorney because the "victim" is going to go down to the State Attorney's Office and have my charges dropped.

    FACT - Victims do not have the power to drop charges, and the State frequently files charges against victim wishes.

  2. MYTH - I was released without posting bond. This means my case is weak.

    FACT - PRE-TRIAL RELEASE was created as a response to domestic violence. Pre-trial release is a potential minefield for DV defendants. Any violation, no matter how minor, can be charged as a separate first degree misdemeanor - a crime that is typically very easy for the State to prove. You need to limit the time you spend on PTR to limit your exposure.

  3. MYTH - The "victim" called/texted me, so it's OK for me to answer/respond. Besides, how can they prove we talked? (or) But we need to make arrangements for our kids/pets/houseplants!

    FACT - Any contact when there is a no-contact order in place could lead to another criminal charge - one that is usually extremely easy for the State to prove.

  4. MYTH - An injunction is not a big deal - I don't want to have anything to do with him/her again anyway!

    FACT - An injunction can result in the loss of your right to own a firearm and can serve as a red flag to potential employers. It can also be used against you in custody disputes.

  5. MYTH - Representing myself until after arraignments is a good idea - that way I get to see what the State's offer in my case will be before I hire an attorney.

    FACT - Sometimes, the State will offer what seems like a reasonable plea deal to a defendant at arraignment. However, in DV cases accepting a plea deal - even if the State offers to amend to Simple Battery or Disorderly Conduct - may make it impossible for your to own a gun, pass a background check, or expunge your record.

Domestic violence charges are serious business, and you need an experienced attorney to defend your rights. Call Damore, Delgado & Romanik now for your FREE consultation.

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