Domestic violence in California involves any harmful or offensive touching of a spouse, intimate partner, or co-habitant. Any arrest for a domestic violence related offense is a very serious crime and should not be taken lightly. An arrest can lead to jail time and or loss of employment. If you are an immigrant, the consequences could be even more severe, leading to mandatory deportation if your case is not handled properly.
Most domestic violence reports to police obligate a “mandatory arrest” where police are compelled by law enforcement protocol to initiate an arrest of one of the two domestic partners regardless of the severity of the injury or whether the alleged victim wishes for an arrest or prosecution to occur. Following an arrest, a police report is written and sent to the relevant District Attorney’s Office for review for prosecution. Before this process proceeds too far, it is absolutely critical that anyone arrested for domestic violence immediately contact a competent aggressive attorney who can investigate the case, interview the alleged victim and any other witnesses, and attempt to convince the District Attorney not to file any case.
I take an aggressive and proactive approach to dealing with all domestic violence arrests and have been very successful in convincing all of the Bay Area District Attorney’s Offices not to prosecute many domestic violence related arrests.
If the case is filed for prosecution, then the court process begins and it is here where hiring an attorney with extensive knowledge of California domestic violence law and familiarity with the local Bay Area prosecutors is essential. I regularly handle domestic cases in the following counties: Santa Clara, Alameda, San Mateo, Contra Costa and San Francisco.
Although many domestic violence arrests do not proceed to jury trial because either they are not filed for prosecution or are dismissed or resolved in court, it is advisable that anyone arrested for domestic violence hire an attorney with an extensive domestic violence jury trial record.
After being hired for a domestic violence case, I immediately begin preparing the case as if the case will go to trial. The reason for this is clear: prosecutors give dismissals (or even refuse to prosecute) when they believe there is a high likelihood that if the case proceeds to trial, they will lose. Losing at trial is the worst possible outcome for a prosecutor; he/she would much prefer to not file or dismiss a case rather than wasting county resources on a “loser case” which will lower their published trial statistics.
All experienced prosecutors know which defense attorneys are willing and ready to go to trial and which defense attorneys never go to trial and simply operate high volume “plea bargain mills”. Prosecutors offer the very best deals, including dismissals, to the best trial attorneys. Do not believe an attorney who tells you that he/she will have a case dismissed because they are “golfing buddies with the head prosecutor.” Hire the very best most aggressive trial attorney you can and prepare for a battle towards victory.
I have handled literally thousands of domestic violence cases involving very slight touching (or mere threats to touch) to domestic violence involving murder. When you are my client you are represented on a very personal basis as a brother or sister would be represented.
If you desire victory in your domestic violence case, call Vijay Law for a consultation @ (408) 313-5607.
