- What was the overall impact of the 911 tape, did it support or undermine your case?
- Who else was at the scene? Were all witnesses interviewed? Did their testimony support or hurt your case?
- Did the victim have any wounds? If so, were they new or old?
- What type of emotional condition was the victim in and what was your emotional state?
- Did you have any fresh injuries or wounds and what condition were your clothes? Was there a sign of a fight or struggle, such as any rips or blood in your clothing?
- Do you have any history of violence toward the victim or others?
- Did you make any incriminating statements?
- What was the condition of the home, was there broken furniture, or other evidence of a violent episode?
- What were the observations of the officer at the scene? Do they back up your story?
- Was there any evidence of being intoxicated or high on drugs?
Typically, in a domestic violence defense, the types of defense the client offers are using one of the following:
- It wasn’t me. It happened, but I didn’t do it. If that’s your version, here are some questions to expect:
- Were you at or near the scene?
- Do you have an alibi?
- Are there any witnesses or evidence putting you at the scene, such as 911 tape or a neighbor?
- She’s making everything up. She’s lying because she’s mad at me and wants revenge. Then be prepared to answer this:
- If the victim has injuries and you said they were from an accident, are those injuries consistent with your version of events? Forensic evidence needs to support your story.
- I never meant for it to happen. It was an accident. Again, does evidence support your story? Are there inconsistencies?
- I protected myself. Are you claiming self-defense? You should have answers ready for these questions:
- Does the victim have a history of violence?
- Has the victim admitted using violence towards you? If so, what is the victim’s version of the event? Does the victim say he/she felt threatened by you? Are the injuries consistent with your version or the victim’s?
- Note and address any contradictions, such as your size and strength versus that of the victim’s. What does evidence and forensic evidence say? Does it support your case?
5. You can’t prove anything. Make sure you read and think about the following.
- Did you have any injuries? Can you prove they were defensive injuries only?
- When the officers were at the scene, what were their observations?
- What type of physical evidence is there?
- Did you make any statements or threats at the scene?
- I did it, but the police fouled everything up. Did the police commit any of the following?
- Performed a custodial interrogation without Scales tape or didn’t give a Miranda warning
- Deny a request for counsel
- Questioned you after the right to remain silent was invoked
- Performed a search without probable cause
- Jumped to conclusion or didn’t ask for your version of the event
- Forgot to question witnesses or incorrectly collected evidence or inventory
Are You Facing a Domestic Violence Charge?
Don’t let your future be decided on mistakes, half truths or the lack of important evidence. Contact Robert Malove to find out what evidence you need, how to proceed with your case and what outcome you can expect to get. Let an experience Domestic Violence Attorney help with your defense, don’t go it alone.