Domestic Violence Arrests: How Police Violations of Your Constitutional Rights Can Be Used in Your Defense in Clare County

Domestic violence charges threaten your freedom and future. But if police violated your constitutional rights during the arrest, you may have a powerful defense strategy. If you read the news or watch it on TV, you know that law enforcement officers violate individuals’ rights all the time when making arrests. Don’t assume they followed the law when arresting you.  

At the Law Offices of Robert David Malove, our experienced Charlotte County domestic violence attorneys understand that the case against you can quickly unravel if the officers fail to follow proper procedures. Here, we explain how we can use the violation of your constitutional rights to have the charges against you dismissed or reduced to a lesser offense. 

What Is Domestic Violence Under Florida Law?

In Florida, domestic violence encompasses various criminal acts committed against a family or household member. Under Florida Statute § 741.28, this crime includes:

• Battery and aggravated battery
• Sexual abuse
• Stalking
• False imprisonment and kidnapping

Depending on the specific offense and circumstances, domestic violence can be charged as a misdemeanor or felony, both of which carry hefty fines and lengthy jail or prison sentences if convicted.

What Are the Long-Term Stakes of a Domestic Violence Conviction?

Beyond the criminal penalties, a domestic violence conviction can disrupt your life in lasting ways:

• Employment difficulties. Many employers hesitate to hire applicants with domestic violence records.
• Housing restrictions. Landlords often deny rental applications due to an individual’s criminal history.
• Professional license issues. A conviction may threaten your ability to maintain some professional licenses.
• Child custody implications. Domestic violence can be used against you in child custody disputes in family court proceedings.

How Can Constitutional Violations Invalidate a Domestic Violence Arrest?

When police respond to domestic disturbance calls, emotions run high—and officers don't always respect the accused's constitutional rights. Here are common violations that could have occurred during your arrest that could unravel the prosecutor’s case against you:

Failure to Read You Your Miranda Rights

If the police place you in custody, they must recite the Miranda warnings before questioning you. They must inform you that:

• You have the right to remain silent.
• Anything you say can be used against you in court.
• You have the right to an attorney.
• If you cannot afford an attorney, one will be appointed for you.

If officers interrogate you without reading your rights, your statements generally can't be used as evidence. When the prosecution's case relies heavily on your own words, losing that piece of the puzzle often leads to reduced or dismissed charges.

Illegal Searches and Seizures

The Fourth Amendment protects against "unreasonable searches and seizures"—meaning police typically need a warrant or probable cause to search you or your property for evidence. If officers find incriminating items through an illegal search, that evidence usually can't be introduced in court, possibly weakening the case against you.

Coerced Confessions

Confessions obtained through coercion, threats, or promises of leniency are inadmissible in court. Police might try to pressure you into admitting guilt by saying things like:

• "If you confess now, we can make this easier on you."
• "Just tell us what happened, and you can go home."
• "We already know you did it, so you might as well come clean."

If officers use these tactics to elicit an involuntary confession, especially after you exercise your right to remain silent or request a lawyer, your statements generally can't be used as evidence against you. When the prosecution's case hinges on a coerced confession, our skilled domestic violence attorneys may use this to get that evidence thrown out. This can help to have the charges dismissed or reduced to a less severe offense, such as disorderly conduct, through a plea agreement.

Failure to Honor Your Right to an Attorney

You have the right to legal counsel during a custodial interrogation. If you request a lawyer, questioning must stop until your attorney is present. Police cannot continue to interrogate you after you've invoked your right to counsel.

Additionally, if officers deny you access to a lawyer or ignore your request for one, any subsequent statements you make are typically inadmissible in court. Losing a confession or evidence obtained through questioning you obtained in violation of your right to counsel can significantly weaken the prosecution's case.

Without key statements or physical evidence, the state's case becomes much more difficult to prove beyond a reasonable doubt. That's why it's critical to hire our knowledgeable domestic violence attorneys who will examine how the evidence against you was obtained as part of an aggressive defense strategy.

What to Do After an Unconstitutional Domestic Violence Arrest in Charlotte County to Protect Your Rights

If you suspect police violated your constitutional rights during a domestic violence arrest, you must start building your defense immediately. Here are three critical steps our domestic violence lawyers recommend you take:

• Remain silent. Don't discuss the alleged incident with anyone except your lawyer.
• Document everything. Write down all details of your interaction with the police while the memories are fresh.
• Contact a lawyer. You need our experienced domestic violence defense legal team to protect your rights and exploit weaknesses in the state's case.

Our Dedicated Domestic Violence Attorneys Are Here to Help

At the Law Offices of Robert David Malove, we aggressively defend clients facing domestic violence accusations in Charlotte County and beyond. We know how to hold police accountable for constitutional violations—and leverage those improper actions to fight for dismissal or acquittal.

If you're facing domestic violence charges after an arrest where officers failed to follow the law, you may have a significant advantage in court. We’ll leave no stone unturned when searching for violations of your constitutional rights and other defenses we can use to defend you.