Fort Worth Pre-Trial Counseling For Your Domestic Violence Charges
At first, we’ll have to investigate the case to see exactly what evidence the district attorney has, then we determine whether or not taking steps, such as counseling, would be a good proactive measure to help the case. It will never hurt a case; so if a person feels counseling will be beneficial, then that is always something to be considered as well. We also try to determine whether or not there is a specific reason why our client should take that proactive step to have a better chance of convincing the prosecutor to dismiss the case. If the evidence is weak or the alleged victim or complainant doesn’t want to cooperate with the prosecution, then having the additional step taken of completing a counseling program may help convince the prosecutor to dismiss the case.
This also brings up the topic of the No Drop Policy. The district attorney and prosecuting authorities have what they call a No Drop Policy in domestic violence situations. This means that even if the alleged victim tells the prosecutor that they don’t want to cooperate or they want to drop the charges, the prosecuting authority or the district attorney will tell that individual that they are not going to drop the case and can even subpoena the person to make them testify in court, and there is even the possibility that if the person changes their story or tells something different than what they told the police, they could be charged with a false report or perjury.
This No Drop Policy is designed to take the pressure off of complainants in situations where they maybe are being pressured or threatened to “drop the case” or drop the charges by the person accused or someone else. The alleged victim or complainant just doesn’t have the ability or the power to drop the case. Only the prosecutor has that authority. But having said that, it can help a case dramatically when the alleged victim does not want the other party prosecuted. In that situation, the attorney can refer the complainant to the Alternatives program. This program can potentially go a long way to help ultimately get the case dismissed although it does not automatically cause the case to be dropped.
It is important to get in touch with a Fort Worth domestic violence lawyer to explain the benefits of pre-trial counseling.
Self-Defense In A Domestic Violence Case
Yes. Self-defense or defense of a third person are still valid defenses, and even in assault on a family member cases, these are defenses we can use to get the case dismissed or get our clients found not guilty. You’re still entitled to defend yourself; you’re entitled to defend yourself basically in proportionate measure to the threat you’re facing. If someone’s using force against you, you’re entitled to defend yourself with force; you can’t defend yourself with deadly force unless the other person is threatening you with deadly force. If one person threatens to punch you in the face with their fist, you can’t use a gun to shoot them.
But if, on the other hand, a martial arts expert is threatening you with serious bodily injury or death, then you’d be entitled to defend yourself with deadly force, such as a gun. You can also defend another person; so if another person, a friend or a family member, is being threatened with force, you can use force to defend that other person or deadly force if the other person is being threatened with deadly force.
Importance To Retain An Experienced Domestic Violence Attorney
It’s important that a client hire an attorney with experience and with the reputation for successful handling of family member assault cases because there are a lot of nuances in the law, especially all the particular consequences that can come about from even a deferred adjudication. This type of case also calls for an attorney who has experience with these cases and has the reputation of the district attorney for winning outcomes.
The prosecutor knows that this attorney will likely win this case and has won many cases before. This reputation alone, as well as the knowledge of the prosecutor and the ability and expertise of the attorney, can help get a case dismissed as opposed to having a civil attorney go in to defend an assault case that is out of their area of expertise. So the reputation and experience of the attorney can go a long way in getting a positive outcome for the client.
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