This is the next post in my series on what a Phoenix, Arizona resident should expect after having been charged with felony domestic violence. My last post discussed the courtroom procedures one will face from arraignment through trial. It is important for a defendant to understand the phases of the process so that they can make informed decisions as their case moves forward. In this article I will go over steps a criminal defense attorney can take while handling one’s case.
A criminal defense attorney can file to exclude evidence or statements from a Phoenix domestic violence trial
One of the most important things a criminal defense attorney can do in preparing for a Phoenix domestic violence trial is to request that evidence and statements be excluded from trial. If the police fail to properly handle evidence collected from the scene of the incident then one’s lawyer may be able to file a Motion to Suppress, or, near the beginning of trial what is called a Motion in Limine, to prevent the evidence from being introduced at trial. Similarly, if the accused made incriminating statements to the police then it may be possible to prevent the statements from being used by filing for exclusion under the Fifth Amendment’s protections, known as one’s Miranda rights. If successful then a jury would not ever hear the evidence or statements. This can make a substantial difference at one’s trial.
It is important that a defendant’s counsel file to exclude evidence and statements before the case goes to trial. It may be possible to simply object to such evidence at trial but such objections would likely be made after the jury had heard the evidence. Hearing incriminating evidence may bias the jury against the defendant – even if the jurors are told by the Judge to disregard the evidence. For these reasons it is important that your lawyer file a request before trial for the suppression/exclusion of problematic evidence and statements.
A lawyer will evaluate the chances of defending an Arizona charge for felony domestic assault
A defense lawyer will evaluate your possible defenses should a trial be necessary in a felony domestic assault case. A common defense in such cases is to show that the charges are based on false allegations. As I will discuss in a later post, domestic violence cases are based on false allegations perhaps more than any other criminal matter. Another possible issue will be that the defendant was actually defending themselves. It is important to understand that the arresting officers are human and that they make mistakes. One such mistake may be that the primary aggressor is not the one to be arrested. An experienced attorney will fight to protect those, charged with domestic assault, who were acting in self-defense.
If you have been charged in such a case then you should contact an attorney immediately. In addition to Phoenix, we service Maricopa County areas such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert as well as Pima County residents in Tucson.