Top 100 Lawyer's Tips For Getting Your Domestic Violence Charge Dismissed
Call Today: (210) 271-2800
ARREST |
· Be careful on the 911 phone call as it is recorded. |
· Be polite to all police and jail staff but be assertive about not speaking without an Attorney being present. |
| · Do not speak with the police about the event at the scene, in the car or at the jail. |
| · Ask to speak to an attorney every time they ask a question, that is not your name or identifying information. |
| · Never shout, be aggressive or threaten any law enforcement personnel. |
| · Be careful what you say and do you as you are likely on video. |
| · Do provide your correct name, date of birth, address, and phone number when asked. |
| · Remember the Police are not your friend they are not there to help you. |
| · If you are injured let the police know ask them to allow you to see medical personnel. |
| · In jail be careful what you say your phone calls are being recorded. |
| · Do not discuss your charges or the event with other inmates or arrestees. Everyone is a potential informant. |
| · Your jail visits are being recorded. |
| · The Police may copy your outgoing mail do not write anything in a letter and expect it to be private. |
| · Get bonded out. As soon as possible. |
| · Hire the best quality Attorney that you can afford. |
| · Take Picture or video of the crime scene as soon as possible before it is cleaned. |
| · Take pictures and or video of your injuries as soon as possible. |
| · Write down what happened as soon as possible. |
| · Meet with your attorney to develop a game plan. |
PRE-TRIAL |
· If ordered not to contact the alleged victim do not do so in anyway even though a 3rd party. |
| · Do not say anything that can be conceived has threatening by any person. |
| · Do not destroy or alter any potential evidence. |
| · Follow all bond conditions. |
| · Never write the Court or District Attorney about you case all correspondence should go through your attorney. |
| · Do not have your family write or call the Court or the District Attorney all correspondence should go through your attorney. |
| · Do not get arrested for any new offense. |
| · Save financial records around the time of the event. |
| · If you were not drunk or high get drug tested as soon as possible on release. |
| · If your car was impounded take a witness to recover car and not condition. |
| · If car was impounded take phots inside and out. |
| · Do not dispose of or wash your clothing until okayed by Attorney. |
| · Interview your witnesses as soon as possible record the interview. |
| · Remain on good terms with alleged victim if possible. |
| · Save texts and emails from the alleged victim. |
| · Assume any phone call with victim or their family is recorded by police. |
| · Record any phone calls or conversations with the alleged victim. |
| · Get an affidavit of non-prosecution Do this trough your Attorney not the DA. |
| · Get a specific affidavit of non-prosecution to use a trial. |
| · Have Attorney Paper the file (File As many motions as possible). |
| · Do not file pre-trial motions on your own behalf have Attorney do so. |
| · If willing have the alleged victim submit to a drug test. |
| · Do not use any non prescribed or illegal drugs. |
| · Save videos of the alleged victim. |
| · Study the alleged victim’s social media. |
| · Study the witnesses social media. |
| · DO NOT POST ON SOCIAL MEDIA. |
| · Dress business formal or business casual at each court date. |
| · Call your Attorney 1-2 days prior to your court date. |
| · Report to your bondsmen. |
| · Attend scheduled meetings with your Attorney. |
| · Review all police reports, photos, and videos, with your Attorney. |
| · Plan to show up to court early. |
| · Have pre-trial hearings to eliminate as much of the prosecutions evidence. |
| · Make a list good witnesses to your good character, get names, addresses, and phone numbers. |
| · Transcribe any video or audio of the incident. |
| · Have Attorney Depose the alleged victim if appropriate. |
| · Have Attorney Depose the police officers if appropriate. |
| · Listen to and understand all Plea offers and discuss them with your Attorney. |
| · Understand the possible range of punishment for charges. |
| · Never enter a plea of guilty if you are not guilty. |
| · Only enter a plea of guilty or no contest if your are convinced it is the right thing to do. |
| · Get the alleged victims prior criminal history. |
| · Review the Indictment and Information (Charging Document) for errors. |
| · Have Attorney file motion to Quash Indictment or Information if appropriate. |
| · Understand what the State must prove to convict you. |
| · Identify any lessor included charges that may apply to your case. |
| · Get an honest assessment of your chances to win a jury trial from your Attorney. |
| · Have Attorney prepare any special jury instructions prior to trial. |
| · Get the any witnesses prior criminal history. |
TRIAL |
| · Cover your tattoos. |
| · Don’t wear black. |
| · Look the jury in the eye When appropriate. |
| · Act as if everyone is watching you, because they are. |
| · Listen to all testimony. |
| · Never look Bored or Disinterested. |
| · Never look angry, laugh, roll your eyes during testimony even of you think it is untrue. |
| · Never be late or delay the proceedings in anyway. |
| · Do not speak to or make any effort to communicate with jurors if you see them in the hall. |
| · Do not speak about the case to potential witnesses. |
| · Make sure your witnesses look good and are respectful. |
| · Make sure your witnesses do not speak to each other about the case especially in common areas. |
| · Take Notes. |
| · Speak to your Attorney only during breaks in the testimony. (Whisper) |
| · Be prepared to testify on your own behalf if it will help you. |
| · Study the jury sheet. |
| · Identify Positive Jurors. |
| · Identify potential leaders in the Jury pool note if they are likely to be positive or negative to your narrative. |
| · Eliminate jurors with law enforcement backgrounds. |
| · Eliminate jurors with prior experience with domestic violence. |
| · Have Attorney File Motion in Limine to exclude any prior bad acts evidence. |
| · If Found Guilty present witnesses to mitigate (lower) punishment. |
AFTER TRIAL |
· File an Expunction. |
| · Save your dismissal. |
| · Be aware of all Appeals deadlines. |
| · File Motion for New Trial. |
| · Request trial transcripts as soon as possible. |
| · Be prepared to post Appeal bond if necessary. |
| · Hire an attorney for Appeal. |
| · Meet all time deadlines. |
| · Work on your appeal. |
About
About Our Firm
We handle family related legal problems from start to finish. The scope of our work includes defending domestic violence charges at the felony and misdemeanor levels, as well as divorce and other family related lawsuits.
To all cases we carry a united strategy that where possible, people fighting should start by trying to “part as friends”. But, if you have to fight, because you have no choice, then you should fight like none other, and you should fight to win.
We hope you will find that our website represents something of who we are. As lawyers, we are transparent with our prices and advice. We work hard for our clients, and we sincerely strive to put our clients in a far better place than they were when they met us.
About the Lawyer That Wrote This Page
Attorney Justin Cook has successfully defended hundreds of domestic violence charges in South Texas. Attorney Cook can work towards your goal of helping you get your case dismissed. You can hire with Justin online today. Start by calling (210) 271-2800, or email Justin for a quote at:
The female voice in the video is Attorney Megan Cook, Justin’s Wife and law partner. Megan has 12 years of experience in domestic legal matters, and is available to answer your questions at (210) 271-2800.
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