Your Rights When Charged with Domestic Abuse

When the police arrest you for allegedly committing domestic abuse, you have several critical rights as a suspect or defendant in the criminal justice system, including the right to remain silent, the right to legal counsel, the right to confront the prosecution’s evidence and witnesses, and the right to a fair trial. A criminal defense attorney can help you protect and assert these rights as you face investigation or prosecution for domestic violence. 

The Right to Remain Silent

The right to remain silent protects you from law enforcement pressure or coercion to incriminate yourself in a crime. Under this right, you do not have to answer the police’s questions about your charges or any other activity. Exercising this right will help you avoid giving investigators incriminating information they can use in a trial or information that can help them further their investigation and find other adverse evidence. 

The Right to an Attorney

Following an arrest, you have the right to speak to an attorney before the police can question you; you also have the right to have an attorney present if you agree to answer the police’s questions. You have the right to legal counsel at each stage of a criminal prosecution, beginning with your initial appearance before the court. When defendants cannot afford to hire private legal counsel, the court will appoint a public defender or pro bono attorney to represent the defendant. 

The Right to Confront Adverse Evidence and Witnesses

During a criminal trial, you can challenge the admissibility, relevance, and persuasiveness of the prosecution’s evidence and witness testimony by presenting contrary evidence or testimony that undermines the prosecution’s case. In addition, you have the right to cross-examine the prosecution’s witnesses to contest the reliability of their testimony. When the prosecution seeks to introduce testimony from someone who will not take the stand during the trial, a defendant may file a motion to exclude that testimony from evidence. 

The Right to a Fair Trial

Finally, you have the right to a fair and unbiased trial that follows all constitutionally guaranteed due process and procedures. A criminal trial presumes the innocence of a defendant unless the prosecution proves their guilt beyond a reasonable doubt. In most cases, a defendant has the right to have their innocence or guilt determined by a jury of citizens from the community; defendants can screen prospective jurors to ensure each person sitting on the jury will render an unbiased verdict based solely on the facts and evidence presented at trial and the law as given to the jury by the judge. 

Contact a Criminal Defense Lawyer Today

If you face accusations of domestic violence, you have various rights that can protect your interests and help you seek a favorable resolution to your charges. Hiring an experienced domestic violence defense attorney can give you the advocacy and support you need to face prosecution. Contact Cohen Law Offices at (715) 514-5051 for a confidential consultation with a knowledgeable attorney to discuss your legal options.