How to Properly Defend Yourself When Facing a Domestic Violence Charge

 Getting tagged with a domestic violence charge in Las Vegas is a complicated thing. After all, domestic abuse stories involve a lot of emotion and drama, and that can often dictate the outcome of a trial. When tempers flare, those who let their anger get the best of them will lose their case no matter how good their legal team is.

Defending against any form of criminal charge requires a calm mind and a careful study of your situation. Your defense will lose its credibility if it falls back upon stereotypical lines that the prosecution can crack easily and effectively. If you are facing a domestic violence charge in Las Vegas, you should remember how to properly defend yourself with some of these suggestions.

Avoid the Emotional Appeal

One of the common tactics used to deflect a domestic violence charge is to show that it is not in the defendant’s nature to abuse their partner. They will try to show that they are a nice guy, and if they do commit violence, it is only because the other party has gone too far. Conversely, there are instances where the defendant would focus on denigrating the personality of the alleged victim in an attempt to weaken their case. They will attempt to paint the alleged victim as some sort of manipulator or consummate liar and that the defendant is only being framed.

These kinds of defense claims rely too much on emotional appeal and can easily be cracked by a well-versed prosecution team. If you are going to trial for a domestic violence charge for the first time, avoid focusing on personality issues and look at the bigger picture. You must always focus on facts first and foremost; if you still insist on calling the alleged victim duplicative, you must have solid evidence to back it up.

Gather a Pool of Reliable Evidence

As in any other criminal trial, the evidence is the lynchpin on which your entire defense is leaning on. If you can’t prove that there was no intent to abuse the alleged victim, or that the act was done only in self-defense, your chances of winning a dismissal or not-guilty verdict are slim. As stated earlier, avoid dealing directly with the alleged victim and direct your efforts on obtaining compelling evidence for your case, which may include:

• Testimony from other people in the vicinity of the alleged crime scene

• Materials and footage pertaining to the alleged crime

• Expert testimony from independent parties, like doctors, psychologists, and possibly investigators

• Medical and psychological history records (where applicable)

So long as you have the appropriate evidence, you can establish a strong case that will be hard for the prosecution to assail.

Always Communicate with Your Attorney

Unless you’ve chosen to stand for yourself in trial, your defense attorney is your primary mouthpiece to help you get your side of the case to the court and the jury. He represents your best interests in the trial, and thus will work tirelessly to ensure that you get a dismissal or at least a reduced sentence. However, he cannot do the job alone; unless you provide input where needed, he can establish a strong case for you at all.

The primary rule when facing a criminal charge is to always talk with your lawyer. Besides knowing the ins and outs of the Las Vegas criminal system, they can also establish a strong defense for you once they’ve pieced together all the available information you can provide to him. Never forget to be thorough, detailed, and comprehensive when retelling your side of the case to your attorney; not only will they need it to build your case, they might be able to find pieces in your testimony that you yourself might have missed.

Defending against domestic violence charges can be a chore, but with an objective mindset, a strong case, and a reliable Las Vegas defense attorney, you are assured that your trial will go smoothly. Never forget these tenets, and you are sure to pull through.

A Look at Domestic Violence During Thanksgiving

 Everyone looks forward to holidays, especially if they’re extended ones. They offer a chance to unwind, sit back, and enjoy a good rest away from work or school, celebrating with family and friends. With Thanksgiving just a few weeks away, people are especially anxious to get down with the festivities.

While Thanksgiving is a time of relaxation and celebration, it can be surprising how much of a dark side it has. Stories of increased DUI incidents and the typical family brawls abound, but in recent years there has been an increasing amount of reports regarding domestic violence incidents over the Thanksgiving weekend. Why is this the case?

A Look at Holiday DV Numbers

Domestic abuse is oftentimes an intimate kind of crime, happening behind closed doors in the privacy of the perpetrator and the victim’s home. People may wonder how such incidents can still be prevalent on such major holidays like Thanksgiving, where large family gatherings are prevalent and there are so many people in the house. However, such situations can be pretty deceiving to an outside viewer.

To give you more context, data from a 2014 report collating domestic violence hotline call records between 2004 and 2013 saw an average of 570 calls made from Thanksgiving until right after Christmas. While lower than the 675 daily average recorded for the same time period, it was still a significant number to consider for holiday periods in general. Another point to consider is that the number of calls were highest a few days after the vacation period.

Why It’s Becoming Prevalent

Holidays are supposed to be a period of relaxation and letting loose. However, different people have different perspectives for this sentiment. If you’re the one hosting the thanksgiving party, you’ll have a hard time preparing for the event itself. If you’re an abuser, you’ll probably have more triggers to commit violence on your partner during the holidays.

One of the commonly-reported triggers for an increase in domestic violence appears to be for the abuser to spend more time at home with the victim than at other times of the year, where they can attack the victim behind the backs of all their relatives. Other common factors include increased alcohol intake due to the lack of work and presence of more friends, and the mounting stress of dealing with too many people over an extended period. 

Providing Support During the Holidays

Even during Thanksgiving, public and private domestic violence advocates still provide assistance to victims in a variety of ways. The availability of emergency hotlines even during the breaks is just one of many methods that victims can seek assistance. However, other services may have to be extended to fully assist victims and/or their affected relatives.

The National Resource Center for Domestic Violence advocates for more intensive support when dealing with domestic abuse during the holidays. Understanding the prevalence of Thanksgiving family abuse, they have pushed for more intensive assistance from professionals, including extra periods of respite at shelters, extended therapeutic sessions with victims, and safety planning for especially vulnerable individuals. With a growing trend in partners spending the Thanksgiving holiday on their own, the Center is concerned about the possible increase in victims who have limited access to relatives who can shelter and support them.

As you enjoy the coming Thanksgiving, be wary about the possible incidents of domestic violence around you.

Review: What the Prosecution Needs to Get a DUI Conviction in Las Vegas

 In all criminal cases, it is the prosecutor’s job to prove beyond reasonable doubt that the defendant is guilty of the crime he or she is charged with. It is the prosecution’s job to determine probable cause, properly reconstruct the act, find evidence in support of their theories, and persuade the court that the defendant has done the crime for the reason that they’ve stated using the methods they’ve laid out. This principle is known as the ‘burden of proof’ , and is the primary driving force behind the prosecutor’s job.

DUI cases in Las Vegas are no different. It is the prosecution’s job to prove that you were intoxicated while you were driving, and/or your inebriated driving caused you to commit another criminal act. There are many factors that prosecutors look into to ensure your guilt. For now, let’s review a few of the more common factors that the prosecution needs to get a dui conviction in Las Vegas.

The Driving Factor

DUI charges are motorist-centric crimes; you can’t pin a drunk driving charge on somebody if they’re not at the wheel of the vehicle during the act, after all. This is one of the first aspects that the prosecution will look into and confirm with the arresting officer. They can also look at other witnesses who can attest to whether or not the defendant was driving first and foremost, before they look into whether or not the defendant was drunk at the time.

This may seem straightforward, but it does not apply to all cases. For instance, the defendant may have been involved in an alleged DUI collision, and law enforcement may only be arriving to respond and have not witnessed the act firsthand. There may or may not be other witnesses at the time of the act as well, which leaves only two alternatives: the defendant admits they were driving, or the prosecution finds circumstantial evidence that proves it. For most DUI cases where no first-hand witnesses are available, the prosecution would look for circumstantial evidence like the defendant’s proximity to/location in the vehicle, the presence of car keys, the state of the engine at the time of the arrest, the defendant’s state of wakefulness, and so on.

The Roadway Factor

One of the deciding factors that commences a DUI trial is the location of the act; it is the prosecution’s job to prove that the drunk driving incident happened on a public road. It is listed in the Nevada Revised Statutes as a prerequisite for a DUI charge. You might notice that most drunk driving incidents that go to trial happened on highways, interstate roads, and city routes.

However, you must be wary about using this aspect to defend yourself against a drunk driving conviction. Note that the actual wording for this statute is ‘a road on which the public has access’. This means that, as long as most people can use the roadway freely, it counts as a ‘road with public access’. This means that even private parkways in exclusive residential areas can still be considered as public roads, and there is a chance that getting arrested there will open you up to a DUI conviction. 

The Intoxication Factor

Above all else, the prosecution must prove that the defendant was inebriated during the alleged instance of the act to get their conviction. This often involves citing data from blood and breathalyzer tests taken during or after the arrest. Remember that the defendant’s blood alcohol content should only breach the 0.08 limit to increase the chances of, if not outright lead to, a criminal conviction.

What if the tests were taken after the alleged act of drunk driving? In such situations, the prosecution would conduct a retrograde extrapolation: tracking back using inferences from the delated BAC test and circumstantial evidence to assess how much alcohol the defendant still had in his or her body during the instance of the crime. In many other instances, expert witnesses are also called in to elaborate on the findings and prove that they are accurate even if they were not taken immediately.

DUI charges in Las Vegas are complex, and can involve many other factors that can land you in prison for a long time. However, if you understand these aspects and know how to defend agaisnt them, you are sure to get a not guilty verdict, or an outright dismissal. Never forget to consult with a veteran criminal defense attorney in Las Vegas before tackling a DUI complaint.

On Public Defenders for DUI in Las Vegas

 When a person is being arrested in Las Vegas, the arresting officer is required to explain the defendant’s Miranda Rights during the process so they can understand what rights they have while in custody. Among these rights is the access to be appointed with an attorney if they wish to, or are unable to afford their own legal representation. They are often referred to as public defenders, and they are provided for by state or federal courts to handle defense duties for the individual.

On paper, a public defender is a decent alternative to private firms because the defendant does not need to spend much to avail of their services. However, not many are satisfied with their representation, especially for specific crimes like homicide, drug crimes, and domestic violence. Let’s look a little more on why there’s little trust for public defenders for crimes like DUI in Las Vegas.

Understanding the Public Defender

Simply put, a public defender is an attorney fully employed by state or Federal governments to provide legal representation for defendants who cannot afford a private lawyer and do not wish to speak about their case without representation. They often have fixed salaries depending on several factors, like how public defenders are classified in their jurisdiction, how long they’ve been in the service, and so on. Public defenders can often be hired three to four years out of law school; some veteran defense attorneys spent their formative years in the public defender work prior to establishing their own practices or firms.

One thing that people must realize is that gaining a public defender is not automatic like what is often depicted in fiction. One has to formally request the court to provide them with a public defender first; afterwards, the authorities will have to determine if the defendant is truly indigent before the request can be considered and approved. Note that in the case of Clark County, public defenders are paid a fixed fee, as instructed by the court and depending on the results of the case.

Why The Distrust?

Public defenders are generally reliable in their work, and many can boast years of experience handling a wide variety of crimes. However, many people who have had to go through legal proceedings with a public attorney have less-than-flattering things to say about their experience. Complaints about limited communication outside of hearings, rushing to close a plea deal, and frequent mistakes during the trial are fairly common. Some extreme cases even accuse their assigned attorney of colluding with the court to get the worst plea deal for their case.

What many people do not realize is that there is a logical reason behind the rather haphazard way public defenders handle cases: they are overworked and underpaid. Clark County’s public attorney’s office may have a sizable staff but they are still inundated with hundreds of requests for representation daily. A single lawyer may be required to face a hundred clients a day, leaving them little time to fully discuss each of their cases. Going straight for the plea deal is often their way of reducing their workload so they can focus on major charges that need serious help.

The Public DUI Defender and You

DUI crimes in Las Vegas abound almost a dime a dozen. With how many DUI charges go to trial every day, it is only natural that there will be a number of defendants who cannot afford the full services of a private practice and will have to rely on a public defender to see their case through. Considering their reputation as stated in the previous section, some of these defendants may be hesitant to sign up for a public defender.

Public defenders are not bad if they are standing on their own merits; after all, many of these attorneys have handled complicated cases in the past and may have even won convincing dismissals. However, with the kind of burdens they have to juggle on a regular basis, especially for specialized charges like DUI, you might be asking yourself if it is really worth it to work with an attorney that may be handling 50 other clients besides you on the same day. If you are facing a Las Vegas DUI charge and are considering a public defender, you must ask yourself a few questions before proceeding:

1. Is my DUI charge severe enough that I need full-time representation?

2. Do I understand the implications of my charge, or does my potential lawyer still need to explain things to me?

3. Can I avoid spending more of my limited money if I go with a public defender?

4. Is a plea deal an acceptable alternative to a DUI conviction for my case?

If you answer ‘no’ to at least one of these questions, you might need to consider going with a private DUI attorney instead, even if it might cost you beyond your current financial capability.

Public defenders are admirable because of their selflessness, devotion to duty, and experience; they just get a bad reputation because of the demands of their position as public officials. They can be relied upon to handle your Las Vegas DUI case as much as any other attorney if you put your trust in them. In the end, it is still up to you to determine which DUI defense lawyer you will work with.

Review: On Strangulation in Domestic Violence Cases

 Domestic violence charges are oftentimes prosecuted on their own merits. However, like many other criminal acts, domestic violence can be enhanced by other related charges if they were used to enact the act of domestic abuse. One of the most common enhancements to an abuse charge is strangulation.

To an outsider or someone who has been involved in a domestic violence case for the first time, domestic violence by strangulation may sound a little excessive. However, it has a lot of consequences that are not apparent at first glance. This has been touched upon before, but now would be a good time to review strangulation in domestic violence cases.

Defining Strangulation as a Domestic Violence Act

Simply put, strangulation is a form of physical assault aimed at a victim’s neck, often with the aim of cutting off their breathing. Underlying that, strangulation can also affect the supply of oxygen to the brain, which can have more dire consequences than merely choking due to a lack of air.

In a domestic violence context, strangulation is often cited as a direct and easy means by which an abuser can impose their will on a victim. They simply choke the abused to make them submit, either with their bare hands or through the use of implements like rope. This act is often done on its own, though in some cases it coincides with punching, kicking, and other severe forms of battery.

Why It Is One of the Most Severe Forms of Abuse

Many forms of domestic violence have their own effects on the victims. Constant verbal abuse can severely affect a person’s psychological and emotional well-being. Battery can lead to physical impairment in the most extreme cases. Sexual abuse can do both.

Domestic violence by strangulation stands out from the rest because it is a simple act with a higher chance of death than other forms of abuse. The abuser can restrict the flow of blood and oxygen to a person’s brain for an extended amount of time, which can lead to fatal consequences if it happens for more than just a few seconds. A misstep can even lead to a broken neck, which can either be an instant death or a slow and excruciating one, depending on the circumstances.

Why Strangulation is An Important Case to You

Domestic violence charges as a whole are a pretty tricky case to get through. There’s a lot of emotion involved, and there’s different angles for interpreting each party’s actions. Things get a further layer when physical action is involved.

Domestic violence by strangulation is one of the easiest forms of abuse to use and repeat, and one with the highest chance of fatalities. For all intents and purposes, domestic violence by strangulation is a step or two away from a homicide or murder charge, precisely because of the facts mentioned in the previous section. Tread carelessly, and the prosecution can paint your act as directly intent at killing their client.

The circumstances around a domestic violence by strangulation case are easy to misconstrue because of the consequences of such an act, as well as how it is viewed by all parties who witnessed the act. If you don’t want to get the short end of the stick, you must have a dependent domestic violence defense attorney with experience in handling strangulation complaints in your corner.