Jumpstarting Domestic Assault Defenses in Loudon County

The violent crime rate is a hot button issue in Virginia. Therefore, peace officers very aggressively enforce the state’s assault laws, especially in domestic battery situations. In the minds of many, these offenses combine violence with abuse of vulnerable people. Therefore, the law imposes greater sentences in these cases, and many judges and juries are all too willing to mete out such sentences.

A good start doesn’t guarantee a successful outcome, but a bad start almost always guarantees an unsuccessful outcome. Come-from-behind wins are rare in athletic contests and even more rare in courtrooms. If a Leesburg criminal defense lawyer gets off to a good start, a successful resolution may be just around the corner. This successful outcome could be a not guilty verdict at trial, a plea to a lesser included offense, or a complete dismissal of charges.

Immediate Jail Release

Most local law enforcement agencies impose at least a twenty-four hour hold on domestic battery defendants. As a result, many of these defendants don’t immediately reach out to a Leesburg criminal defense lawyer and arrange for jail release and the arraignment, which usually happens within seventy-two hours of arrest, creeps up on these defendants.

At this court hearing, they plead guilty to “get it over with,” giving a lawyer no time to prepare a defense. This defense could be procedural, substantive, and/or affirmative.

Fifth Amendment violations are very common in assault cases. Police officers rarely Mirandize suspects when they interrogate them to determine the instigator, as required by law. Substantively, the uncorroborated testimony of a complaining witness may be insufficient to prove guilt beyond any reasonable doubt. That’s especially true if that witness is potentially biased. Self-defense, which is basically a proportional response to an imminent threat, is the most common affirmative defense in these matters.

Bail bonds and cash bail are the two most common jail release methods in domestic battery cases in Loudoun County.

Cash bail is essentially a security deposit. The defendant posts the entire bond amount in cash, or sometimes a cash equivalent. Once a Leesburg criminal defense lawyer resolves the case, the county refunds most of that money.

A bail bond is basically an insurance policy. For about a 15 percent premium, a bonding company puts up the remaining amount.

Protective Order Representation

Once the defendant gets out of jail, the criminal law process moves very slowly. Many times, the first of many preliminary, procedural hearings is at least three or four months following the arrest date.

Protective order matters, however, move relatively quickly. The first substantive hearing is usually less than two weeks after the criminal arrest.

Assertive representation during protective order proceedings gives a Leesburg criminal defense lawyer the chance to evaluate the state’s case and probe it for weaknesses. Perhaps more importantly, protective order proceedings give a lawyer a chance to cross-examine the alleged victim on the record. Inconsistencies between civil and criminal testimony, even seemingly insignificant ones, often wreck the alleged victim’s credibility in criminal court.

Connect With a Thorough Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and jail visits are available.

Source:

safehome.org/safest-cities/va/