Miami State Prosecution Cases
State Prosecution and Domestic Violence Defense
In a survey conducted recently in Florida about
domestic violence, it was revealed that more than 9 out of 10, or 91.5%, of those surveyed
believe that domestic violence is a problem in our society. Law enforcement,
prosecutors, and judges take these cases seriously and you should too
if you have been arrested and face domestic violence charges.
Domestic violence cases are treated differently in the courts. You need
to have an attorney with you at each step of the criminal process from
the time of arrest, at the first hearing, and each following court action.
It is important to have a lawyer fight for your constitutional rights
and to present your side of the case. Remember that the prosecution can
use anything you say to the authorities against you.
Domestic Violence Cases Filed in State Court
The courts handle domestic violence cases differently that other criminal
cases. The State Attorney makes the determination whether or not to prosecute
a domestic violence case. An alleged victim may have a change of heart
and decide to withdraw charges. That is not taken into consideration.
If the prosecution decides there is enough evidence for a domestic violence
offense, they will go ahead and prosecute a case. In other types of criminal
cases, a theft for example, the prosecution may drop a case if the victim
changes his or her mind. Not in domestic violence cases, the State Attorney
has the final say.
When police arrive at a potential domestic violence scene, they will take
every precaution realizing the speed at which an argument between household
members can escalate to an act of violence. Law enforcement will take
swift action in order to protect alleged victims, including children who
may have witnessed the incident. A person arrested for domestic violence
will spend time in jail until the first appearance in front of judge.
There can be no contact with the alleged victim. The offender cannot return
home, even as the homeowner, if that is where the victim resides. All
measures are taken to protect the victims from further abuse or harm.
The prosecution will build their case based on witness reports, victim
statements, physical evidence, doctor reports, and any other type of evidence
that is helpful to their case. The defense can and should challenge any
evidence against the defendant. Did the victim receive the Miranda warning?
Did the arresting officers violate the victim's rights? Was the evidence
handled per accepted protocol? Is the defendant actually a victim of false
You need to have an experienced criminal defense attorney to represent
you from the time of arrest and before pleading guilty or no contest.
The prosecution may win before you realize what you have done.
Get Defense from a Top Miami Domestic Violence Lawyer
A domestic violence guilty or no contest plea will affect your future because
the offense cannot be expunged from your record and your record cannot
be sealed. Having an attorney representing your best interests can make
a difference in the outcome of your case.
The Law Office of Michael Mirer, P.A. is dedicated to helping clients facing
criminal charges by offering a strategic and aggressive defense. We are
experienced in all types of criminal cases. As a
former prosecutor, Mr. Mirer understands how the State Prosecution builds their cases. That
unique understanding and insight of both sides of the law is utilized
in each case we defend.
Understand how the State Prosecution works in domestic violence cases.
For more information,
Law Office of Michael Mirer, P.A.