An Skilled Attorney Can Help In Your Domestic Violence Case

As a criminal defensive attorney, Simon Kubiak of Kubiak & Kubiak connotes clients in Albuquerque who have been charged with domestic violence often. According to Kubiak, whenever someone is charged through domestic violence, there are several ways that an experienced attorney will help.

Most domestic violence occasions are essentially battery cases between two members of the family. At its most important, a battery charge is without a doubt what results when one party alleges that he or she was the victim about harmful or offensive contact by another party. The difference between a battery case along with a domestic violence case, with this scenario, would be that the 2 main parties also are actually family members, as in opposition to strangers or social colleagues.



I抦 an Albuquerque-based family violence attorney, and in my experience, there are four main ways buying and selling websites, or any other professional criminal defense attorney, might help a client defend himself in the domestic violence case:

Determining Constitutional Defenses
First, the attorney working on your case will be able to identify and pursue any constitutional defenses which could apply to what you might be going through. If the state or the detectives perfecting the case violated your constitutional rights by any means, then a competent attorney will be able to identify those violations and have them thought about by the judge in case.

Pursuing Procedural Defenses
The second element inside of a domestic violence defense may be to identify and pursue every procedural defenses that might apply in the case. An attorney should check to see whether the state violated many of the rules of criminal procedure that must definitely be followed in between the time of the arrest and also the time of the sample. If this is so, and the state does actually violate the defendant抯 rights by any means, then this could become grounds for dismissal of your charges.

Preparing Factual Protection
The third way an attorney can help litigant in a domestic violence case is always to prepare a factual defense, which includes finding any corroborating witnesses nobody can back up the defendant抯 demands of what actually happened in the night in question. Factual defenses are most typical in domestic violence situations, as opposed to various other criminal cases, because typically only a few parties were witness to whatever event occurred梩he victim and also the defendant. Without a last witness, the only two people testifying as to what happened on the day involved are the defendant as well as the alleged victim.

Without a third party witnessing the act, although, it can be extremely hard for the state so that you can prove its case and convict a defendant concerning domestic violence charges. If one spouse says how the other acted violently, however the other spouse denies a charges, then the state will most likely not be able to prove its case to a level of reasonable doubt and the victim will not really be able to win possible. Therefore, in cases like that, the defendant will usually win these kinds of arguments when there can be a jury trial.

Demanding your Jury Trial
Finally, defendants in domestic violence cases are entitled to a jury trial while in the state of New South america, and nearly any legal defense attorney would encourage his client to visit with a jury trial as opposed to let a judge make the next ruling. Why would you let your fate take the hands of a person judge, when you may get a panel of individuals instead? Especially given for you to only need one juror to hang the whole jury.

Within Albuquerque area, any attorney with experience will more often than not recommend that his client in the domestic violence case decide on a jury trial. However, not every attorneys necessarily have the identical level of experience or even judgment. If you come to mind that your attorney may well not have the qualifications or skill to deal with your case, then I like to recommend calling Kubiak & Kubiak on Albuquerque, where you can schedule an appointment and meet with an attorney go over the facts of your case.

This article may be for informational purposes only. You shouldn't rely on this article to provide a legal opinion on every specific facts or circumstances, and you should not act upon this information without looking professional counsel. Publication of the article and your receipt with this article does not make an attorney-client relationship.