Franklin, TN Domestic Violence Attorney
If you have been arrested for Domestic Violence Assault, you should contact a lawyer quickly to begin preserving evidence and to prevent a vindictive spouse or other alleged victim from manufacturing or destroying valuable evidence or information. To speak with an aggressive Criminal Defense Lawyer, call John Milazo in Williamson County TN at (615) 599-7719.
Upon law enforcement officers arriving at a domestic related call, if they are able to ascertain that probable cause exists indicating that and assault has occurred they are obligated to arrest one, both or all of the parties involved depending on their ability to discern which individual acted as the primary aggressor. If you have been arrested for Domestic Violence you need the help of an aggressive criminal defense attorney who can help you best determine your defense strategy. John Milazo of Milazo Law, P.C. has the experience necessary to tell your story in such a fashion as to defend your actions despite you having been arrested. For a free thorough examination of your particular Domestic Violence Offense Arrest call (615) 599-7719.
Williamson County, Tennessee Domestic Violence Assault Defense
After being arrested for a domestic related assault a person is likely to be detained for a period of 12 hours prior to being allowed to post bond. This 12 hour hold or cooling off period may be waived by a judge or magistrate, yet this rarely occurs. In situations where a person is arrested for a Domestic Assault which is alleged to have occurred days weeks or even months prior to the arrest it is appropriate to ask that this hold is waived. Likewise, when it is unlikely that the defendant will have any reason to contact the victim, such as the two do not reside in the same residence, it may also be appropriate to request that this is the waved. A lot can happen in 12 hours. Contact an attorney immediately at (615) 599-7719.
When released on bond for domestic related assault there are likely to be certain conditions of the defendant's release. These may include, but are not limited to, restrictions requiring that the defendant have no contact with the victim or that the defendant not return to his or her residence.
In most cases, the first appearance in court will be in General Sessions on a Thursday at 2 p.m. only days following a release from jail. For more on this Click Here.
Williamson County TN Domestic Assault Defense Lawyer
Unfortunately, many people, both men and women, are willing to lie in order to gain an advantage in divorce or custody proceedings. This has led to many individuals being charged with a Domestic Violence Assault who are in fact not guilty. It is these matters that must be handled with the utmost of caution. As it is assumed by the dishonest party, a conviction for Domestic Violence Assault can and likely will be considered by a judge in other proceedings between the parties regarding matters of grounds for divorce, dissolution of property, custody, visitation or both spousal and child support. A defendant wrongfully accused in a situation such as this, may be removed from the residence, restrained from returning, required to continue to maintain the living expenses of the other party, as well as, the children and restrained from visiting with the children before being presented an opportunity to defend their position. This incorrigible, yet often practiced, behavior may leave the defendant feeling desperate, frustrated with the legal system and willing to submit to the demands and requests of the dishonest party in order to avoid prosecution and further legal expense. Before allowing oneself to become further victimized by this dishonest person, a defendant should seek the advice of competent legal counsel, experienced in handling matters such as these and immediately begin preparing a defense strategy. Don't fall victim to these tactics, hire an experienced defense attorney. John Milazo understands how the system works. For a free initial consultation call (615) 599-7719.
In the recent past, several factors have caused Domestic Violence to emerge as a distinction within the assault category. If a defendant and the alleged victim are spouses or former spouses, related by blood or marriage, reside or have resided in the same household or have a child or children in common; then any assaults would be categorized as "Domestic". This distinction requires that certain federal statutes are triggered and the defendant shall no longer be allowed to own or possess a firearm.
In many counties the salary for the Assistant District Attorney who prosecutes domestic assaults are supplied by grants from the federal government, state government or in some cases civic organizations. In order to obtain these grants certain statistical data must be maintained by a prosecutor's office and submitted periodically to reflect the need for the funds. Unfortunately, this process can at times serve to impede a prosecutor's ability or willingness to exercise discretion in these cases. It is for this reason that it is important that a defendant is amply prepared to assert a defense in these matters. It is simply not enough to appear in court prepared only to tell the prosecutor and/or the judge that the defendant and the victim have reconciled and wish to have the matter dismissed.
It is often mistakenly assumed by defendants, as well as victims, that the decision to prosecute lies with the victim. Many presume that if the two have reconciled then they may avoid prosecution by merely allowing the victim to inform the court or prosecuting attorney that they do not wish to prosecute or by simply not appearing in court in violation of the subpoena requiring their appearance. This naive assumption has led to many defendants failing to prepare a defense to the charges that may have otherwise been successfully defended. The prosecutor may insist that the victim testify and proceed without their consent. The victim's cooperation with the defense is of course valuable in preparing for court and often in avoiding prosecution on a criminal offense. This must be utilized in conjunction with a strategy tailored around the specific facts and circumstances of the offense at hand, as well as parties involved. In order for this to occur it is essential that the defendant obtain legal representation and closely follow the advice of his or her counsel.
Domestic Violence is a serious problem in this country and is certainly not condoned by this office. Certainly, however, anyone can understand that relationships are hard and with added stress from financial problems, work related stress and of course drug or alcohol addiction people may do things for which they are not proud. When charged with such an offense it is essential that an individual begin immediately preparing a defense which may include mitigating measures. These may include a drug and alcohol assessment, counseling, anger management training or even alcoholics or narcotics anonymous meetings. It is for this reason that a consultation with an attorney experienced in defending these matters occurs prior to proceeding to court.
If you have been arrested and charged with Domestic Violence Assault Contact Us at Milazo Law to discuss your case.