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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.

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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 than 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, 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 the 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 accusations?

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, call the Law Office of Michael Mirer, P.A. today.

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