Evidence in New York Domestic Violence Cases
Have you been charged with domestic violence? If your answer is yes, it is important to understand the role evidence in New York domestic violence cases will play. To prove you are guilty, the prosecutor will attempt to amass enough relevant evidence from the police.
Many accused individuals attempt to challenge the validity of the evidence on their own, only to find they are no match for a seasoned prosecutor.
Speak with an adept and knowledgeable defense attorney to learn more about the way evidence is used in domestic violence cases.Central Role of Evidence
Evidence in New York domestic violence cases is very important to the prosecution. Before the prosecutor can officially prove a defendant is guilty, they must examine evidence collected by law enforcement officials and present it to the court.
Unfortunately, the evidence they use is not always lawfully obtained, and if the court finds out that law enforcement agents violated the rights of the alleged defendant to obtain it, the case may have to be thrown out of court. It is always important to have a defense attorney examine the legality of the evidence in question.Dealing with Investigators and Police Officers
When individuals are falsely accused of domestic violence, they often attempt to comply with the police, detectives, and representatives from government agencies.
This is normal, especially considering that most falsely accused individuals are good, honest people, but things can go terribly awry if a person attempts to talk to any of the previously mentioned individuals alone.
Often, these individuals are not interested in protecting the rights of individuals, and it is common for them to twist words around and jump to conclusions. When a person is accused of or charged with domestic violence, it is best for them to avoid speaking to law enforcement agents without a lawyer present.Important Types of Domestic Violence Evidence
During a trial, the prosecution will aim to present various pieces of evidence in New York domestic violence cases. The following types of evidence may be used during a trial:Testimony
One of the most important pieces of evidence in any domestic violence trial is testimony. The alleged abuser, victim, and anyone deemed a witness will be interviewed by law enforcement, and in some cases, required to testify in court about what they saw or heard. During the proceedings, the defense lawyer will attempt to find holes and contradictions in the testimony of the alleged victim
If the alleged victim claims to have been injured, medical professionals will look for signs consistent with abuse. The alleged victim may also be interviewed by a mental health professional.Police Reports
The report compiled by the law enforcement official who arrived at the alleged scene will be taken into consideration. The police department will also be tasked with gathering evidence.
To prove the innocence of their clients, defense lawyers will always attempt to find fault in the quality of the evidence. The court may also review the criminal record of both the alleged offender and victim.Challenging the Evidence in New York Domestic Violence Cases
If you want to challenge the evidence in New York domestic violence cases, you will need the aid of a lawyer. A skilled and professional defense attorney will work diligently to find contradictions and flaws in the argument of the prosecuting attorney. Contact our law office today to learn more about domestic violence charges.