Mecklenburg County Domestic Violence Investigations
After you have been charged with domestic abuse, the sooner you hire a domestic violence attorney, the sooner they could gather information to be used at trial. The more time that passes after the incident, people’s ability to provide accurate witness testimony may decrease. Because such charges are so serious and time is so essential to building a strong defense, call a domestic violence lawyer to help protect your rights during a Mecklenburg County domestic violence investigation.
Domestic Abuse Investigation Basics in Mecklenburg County
Common characteristics of domestic violence investigations in Mecklenburg County include obtaining statements from the accused abuser and the alleged victim, as well as from any other first-hand witnesses to the alleged incident. Additional components of a domestic violence investigation include documentation of any alleged injuries that have been inflicted by the accused.
A police officer is usually the first investigator in a domestic violence case as they are usually called out to the scene. Police officers determine who is the alleged victim and the accused, and based on everybody’s statements make their best guess as to what happened. Very often, everyone’s statements agree and an alleged aggressor is identified, but sometimes one person’s statements give certain inconsistencies to a narrative. Police will also observe evidence such as cuts, scrapes, bruises or any other injuries to make their own conclusion about how the alleged incident played out.
Unique Aspects of Domestic Violence Cases vs Other Criminal Investigations
Mecklenburg County domestic violence investigations are often looking into the details of what occurred on a single night, usually based on the testimony of the people involved. The investigation centers around the moment of assault or actual violence, and only the witnesses who were present can provide evidence for the investigation. While police collect what evidence they can, these cases often have more to do with the testimony of witnesses, participants in the incident, and other contextual factors.
After being accused of domestic violence, it often feels as if an individual has been convicted of the crime and penalized without due process of law. In addition, the consequences of domestic violence charges begin immediately upon being charged. While the trial is pending, the accused may need to secure alternative living arrangements if a protective order has been issued on the alleged victim.
Due to any protective orders issued, defendants may be immediately separated from members of their family, even if they are not the alleged victim. In cases of alleged spousal abuse, the defendant may be separated from their children indefinitely, presumably for their safety. Due to these immediate consequences, defendants may feel as if they are already being punished for a crime they have not been convicted of. In such times, having a dedicated advocate and attorney at their side could be of immense help.
Your Rights During a Domestic Violence Investigation
All constitutional rights remain with you when you are accused of domestic violence. This includes your right to remain silent to prevent self-incrimination or saying anything that may be used against them in court. The same right also includes their ability to have an attorney present prior to any questions from police during Mecklenburg County domestic violence investigations.
Additionally, defendants have the right to withhold consent to searches and seizure. It is advised that you withhold that consent to any type of search or investigation until you have an attorney present. If you are being investigated for domestic violence or have already been charged, call a criminal defense lawyer today to protect your rights.