Evidence plays a crucial role in domestic violence cases. It is especially important to have robust evidence in a domestic violence trial because of the volatile and sometimes untrue nature of these accusations. It is not at all uncommon for today’s alleged victim to be yesterday’s defendant, so having proof of a complainant’s hotheaded or instigative nature can make all the difference in how a case turns out. Having evidence that points to infidelity, abusive tendencies, gambling issues, or misuse of funds can also be critical.
Gathering and presenting all this evidence on your own would be near impossible, which is why our tenacious team at Rossen Law Firm is here to help. We know where to look for evidence in Boca Raton domestic violence cases, and we have extensive experience presenting evidence in court in a way that shines a favorable light on clients. Our award-winning domestic violence attorneys are prepared to fight for your rights and your future.
While the police should take pictures and get witness statements in a domestic violence case, this does not always happen as it should. Oftentimes, law enforcement does not take pictures, give a detailed analysis of what happened, or get sworn statements from all the witnesses, which is all crucial evidence to have. The 911 call is also very important in these cases, and a lot of times, the police do not save and secure it.
Involving an expert lawyer as soon as possible in these cases is critical. Our knowledgeable Boca Raton team knows what evidence is needed and where to find it, and we can ensure nothing falls through the cracks in your domestic violence case.
Under Florida’s rules of evidence, a defense lawyer needs to be able to show that a particular piece of evidence is relevant and admissible, which means laying the proper foundation through witness testimony. This might mean having witnesses testify that a photo is accurate or that a piece of evidence was actually present at the scene. Experienced attorneys know how to work with witnesses to present the strongest possible case.
When it comes to the prosecution’s evidence, they are often going to bring in Boca Raton police officers who did not actually witness anything but instead arrived in the aftermath of an alleged domestic violence incident. Law enforcement will talk about their investigation and what they observed, as far as any physical evidence, such as bruising or scratching. Police officers will usually speak about the general condition of the area, where the incident was, and if it was inside or outside the home.
The prosecution will also bring in the alleged victim so they can tell their side of the story of what happened. If there is a 911 call, prosecutors might bring in a 911 call operator to play the tape of the call, or they may just have the caller testify. Prosecutors might also bring in third-party witnesses who saw the incident, as well as any physical evidence, such as a weapon.
A prosecutor’s evidence can be harmful to a defendant’s case. Fortunately, there are many ways to get evidence dismissed in a domestic violence case. When evidence is not properly maintained, preserved, or collected by the police, defense attorneys can file motions to try to have it excluded. In the case of 911 calls, just because there is a call does not mean it is actually admissible. Often, our expert lawyers will try to get the 911 call excluded, especially if it is harmful to clients. If there is any video or photographic evidence of domestic violence, our Boca Raton attorneys will investigate whether there is someone who can actually authenticate the evidence.
It is not unheard of for police officers to fail to read someone their Miranda rights. Law enforcement might arrive at the scene of an incident and immediately ask the defendant what happened without reading them their rights. When this happens, a defense attorney can work to get the testimony excluded since the defendant’s rights were violated when they testified.
Domestic violence cases are extremely serious. Accusations of this nature can upend your life, even if they are untrue. Upon conviction, you could be facing jail, probation, fines, and more.
You need a team of attorneys that know the local judges and rules and that have experience handling evidence in Boca Raton domestic violence cases. At Rossen Law Firm, our team of expert lawyers has handled countless cases like yours and knows how to fight for what you deserve. Do not let one mistake ruin your future. Call us and set up your initial strategy session to get started.
Rossen Law Firm’s legal team understands what’s at stake when you’re charged with a crime in South Florida. We’re committed to defending you and protecting your rights. Our legal team is ready to create a customized strategy for your case to fight for the best possible outcome. We handle Criminal, DUI, Federal, Domestic Violence, Marchman Act & Baker Act cases, and more.
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