Everyone had heard that saying. That is particularly true when it comes to criminal trials. In every domestic violence case there are two or more versions of what happened. The alleged victim sees it one way and the person arrested for domestic battery see it differently. Often other family members and neighbors see it yet a third way. Often the way a person “sees it” is affected by alcohol or drugs or by bias or prejudice. The police rarely witness the domestic violence acts. They arrive on the scene after someone calls 911. I have found that the police are greatly influenced by the first person they talk to. They jump to a conclusion and rush to judgment, when often if they just waited and heard the other side, an arrest might not be made.
If a 911 call is made in a domestic situation, generally someone is going to jail. Half the time, it is the wrong person that is arrested. That is where a good lawyer can make a difference in the outcome. It is critical in defending domestic battery case to learn the truth about what really happened. A husband may have been acting in pure self defense simply restraining his wife from attacking and scratching him. A brother or sister may have been trying to protect themselves from an attack by a sibling high on drugs or alcohol. A mother or father may have been trying to restrain a child out of control. We live in a crazy world where kids are taught at school to call 911 and report physical abuse. Parents have a right to discipline children. That is a fine line to walk and the age and degree of punishment can lead to a false arrest for child abuse. We live in a world where some feel there is no justification for any “spanking” and that “time out” in the only remedy. The reality is that some kids are totally out of control and get their parents falsely arrested when all the parent was trying to do was help.
I raised four kids, have grandchildren, and at this point in life have a better understanding of family dynamics. There are always two sides to every story, sometimes more. In approaching criminal cases the truth is often a shade of murky grey somewhere in between. That is where an experienced criminal defense lawyer can make a huge difference between a wrongful conviction and an acquittal. In domestic violence cases where there is family turmoil, my goal is to restore sanity and reason and solve the family problem where possible. If you find yourself falsely arrested or a relative is sitting in jail on a bogus charge and want to talk, feel free to pick up the phone and give me a call at 941 366 3506