The accused party in a domestic violence case does not have the upper hand. Even before you are proven guilty, the public starts making their own theories and predictions about the truth. In most cases, the woman is favored and sympathized with. Fighting such an accusation alone can be challenging and even scary at times. It is easy to become overwhelmed.
A domestic violence accusation can change your life in a negative way. It is important to understand the gravity of the situation and handle the case in the way it should be. Suspects of domestic violence have certain rights. If you are accused of domestic violence, speak to a Jersey City domestic violence lawyer today.
Rights of the accused in domestic violence cases
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You have the right to remain silent
When you are accused of a crime as serious as domestic violence, the other party, their attorney, or the law enforcement officers may ask you a number of questions. Most of these questions may be regarding the accusation and whether it is true. Even though you may feel the need to explain yourself and clarify your side of the story, it is wise to remain silent unless otherwise stated by your attorney.
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Presumption of innocence
In the American justice system, every accused individual has the right to be presumed innocent unless proven by the court. This means that you will be assumed to be innocent and not guilty of domestic violence charges unless it is proved through solid evidence. Everyone has the right to a fair trial, and one should not be treated disrespectfully just because they have been accused of a crime.
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Right to an attorney
In America and all of its states, every individual has the right to retain their own personal attorneys and build their own court case. You can hire a private criminal lawyer, or if you cannot afford one, you will be given access to public counsel. Even if you do not want to work with an attorney, you will still be given the right to represent yourself in court without one.
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Right against self-incrimination
The right against self-incrimination means that an accused individual should not be coerced or forced into giving evidence that is against them or would weaken their case. Forcing a person to give a confession statement or agree to a plea bargain is not only ethically and morally wrong but illegal as well. When someone forces the accused to speak when they want to stay quiet, the other person can be charged with a crime.
Hire a domestic violence defense attorney today.
