When a spouse or other family member calls the police during or after an argument, you or your spouse may be charged with domestic violence. If a family member, you, your spouse or someone living in your home has drugs or drug paraphernalia in plain sight, the police may search your home for more drugs. Instead of facing a charge for domestic violence, you could be facing drug charges, too.
Before you speak with the police tell them you would like your attorney present. You could say something to incriminate yourself or a family member. A domestic violence and criminal attorney will help you when you go to court for your arraignment.
While the police may cite the statute they feel you may have violated, a criminal defense attorney can explain what the statute means and will know whether that statute actually applies to your situation. The attorney may be able to get the charges lowered or dismissed, depending on the circumstances.
If you feel you have been falsely accused of domestic violence or of having drugs, you should contact an attorney who has experience with these issues. Domestic violence charges can be difficult to get off your record, even if you were falsely accused. Drug charges are also difficult to get off your record once you have been accused of having drugs in your home or vehicle. With certain evidence — if it exists — and by following the law, an experienced attorney may be able to reduce charges; or if you were falsely accused, get the charges dropped completely.
The most common calls for domestic violence are between spouses, but fights between parents and children, siblings and extended family members may also be filed under domestic violence charges. Often, the police will arrest the person who has no marks, making the assumption that the person harmed the person with bruises, scratches and other marks indicative of a physical fight.
Domestic violence could also be oral. When police have no clues to go by, bruises for example, the police may arrest both parties if one of the parties does not agree to leave for the night or if the parties continue arguing after police leave. The courts do take domestic violence issues seriously. If you have been accused of domestic violence — whether you committed the crime or not — contact an attorney. If drugs were involved in the domestic violence dispute and the police also charged you with a drug charge, make sure your attorney knows about this charge and what the police found to warrant drug charges.
Our Offices specializes in following areas of criminal law: