The Process Of Handling Clients Involved In Domestic Violence Cases

Interviewer: It seems to me like you’re going to get two different kinds of cases here; where you’re working with an individual who admits to have been violent with that individual and then, you have the sort of a client that says “Well, it didn’t happen”, he says “No. I’ve been falsely accused of this”. How do you work with each one of those differently?

Brett Hollett: Yes. Well, in that instance, in the instance where the person says that wants to take responsibility or wants to own up to whatever they’ve been charged with, we would attempt to mitigate the damage. I mean mitigate the potential consequences that they’re facing and help them own up to their mistake and move on with their life. We would attempt to negotiate a favorable plea agreement for them that would allow them to try to get their lives back together and get back on track.

An Attorney Collects Evidence to Prove to a Jury That Their Client Has been Wrongfully Accused in a Domestic Violence Case

As for the individual that was adamant that they were not guilty and this didn’t happen, we would aggressively pursue and defend their case. We would talk to any and all potential witnesses, we would look at all the physical evidence, and we would thoroughly examine all of the physical evidence including: arrest reports, statements that were given by the victim or witnesses to the police, photographs of the scene and the victim’s injuries. If we’re unable to settle the case prior to trial, we would aggressively defend this case and hopefully convince the jury that after a careful examination of all the evidence, our client is not guilty.

The Best Course Of Action For Someone Involved in a Domestic Violence Dispute

Interviewer: In that situation where you say that someone wants to own up to what they’ve done, would you recommend for them to look into anger management or counseling in that situation?

Brett Hollett: I think it’s going to be dependent again upon the situation. If they feel like they need it, then yes, it can be a good thing. If someone feels like they just want to plead guilty and move on from the relationship and it’s an isolated incident, classes may not be necessary. It may just be the two individuals were just combustible and when they were together, maybe it was an unhealthy relationship. And once that relationship is severed, that person may no longer be in that kind of trigger mode to do the things that he did or she did.

A Breakdown of the Judicial Process After an Arrest in a Domestic Violence Case

Interviewer: Someone’s been arrested and then they contact you, what’s the process going to be like and what’s the initial hearing going to be like? Are they going to be seeing anymore jail time after that?

Brett Hollett: The initial process would obviously be to get them bonded out. Once they’re able to post bond, they would come in for an initial consultation. At the consultation we would ask them to tell their story as best they remembered and then we would ask them to write down all the events leading up to the incident and the names of any potential witnesses.

An Attorney Analyzes the Evidence and Goes Over the Analysis With Their Client to Formulate an Effective Defense Strategy

Once we get their side of the story, we would appear with them in court for the first setting, at that point in time, we’d most likely get the first initial discovery from the prosecutor’s office, take a look at the police report, medical office report and kind of go over that alongside our client’s initial statement and see what matches up and what doesn’t and then talk to our client as to the differences there and why there are differences and then, go from there.

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