This is the second post in my series on the handling of domestic violence charges in Louisville, Kentucky. My last article provided an overview of topics which this series will be addressing and stressed the need to speak with a criminal defense attorney if you or a loved one have been arrested. It is important to understand that you can be prosecuted even if the alleged victim does not wish to press charges. By speaking with counsel sooner, rather than later, you help to ensure that your rights are fully protected. In this article I will discuss a topic that is more common than many realize – the need to defend against false allegations. If you have been arrested then contact my office to speak with a lawyer.
Perhaps no other criminal charge is as likely to be based on false claims as is domestic violence. This is for multiple reasons. First, parties going through a bitter child custody dispute may sometime make false claims in an effort to gain an advantage in their Family Court litigation; if a parent is convicted of domestic assault then the Family Court would be less likely to grant that parent primary or joint custody of a child. Second, there are instances where one simply wishes to “get even” with an ex or significant other and, for irrational reasons, they fabricate claims of criminal conduct. These types of situations arise more often than many residents of Kentucky may realize.
The first thing to do if you have been arrested is to take the matter seriously. Some defendants make the mistake of thinking that the charges are “no big deal” due to the fact that the allegations are false. Such defendants may arrive at Court thinking that they will explain the situation to the Judge and that the case will simply go away. These defendants are then surprised to learn the extent to which prosecutors will pursue these charges. This is one reason why defendants should contact a lawyer immediately even if the allegations are false. The sooner you contact counsel then the sooner a defense can begin to be built on your behalf.
An attorney will immediately take certain steps if you have been arrested for domestic violence due to false allegations. These will include obtaining all possible evidence like police reports or 911 calls, viewing the scene of the incident (if possible), and collecting evidence which shows behavior that is inconsistent with the accusations. Such evidence may include, for example, phone records showing that the victim has repeatedly contacted you since the incident occurred. Other forms of evidence may include statements from witnesses or records from Family Court proceedings. Every case will be fact-specific and it is important you speak with counsel to determine your best course of action.
Contact my Louisville office today to schedule an initial consultation. I have been licensed since 2009 and I devote a substantial portion of my practice to criminal defense. I believe that everyone is entitled to the highest level of representation and we are ready to assist you.