which is better if the victim talk with da or the attorney talk to da in domestic violence case

Of course you can always talk with the District Attorney. Keep in mind that what you tell him may or may not be used later. The district attorney always wants to hear from the victim and always wants to know whether you will or will not be a friendly witness.

Full Answer

Do I need a lawyer for a domestic violence case?

May 11, 2013 · 2 attorney answers. Of course you can always talk with the District Attorney. Keep in mind that what you tell him may or may not be used later. The district attorney always wants to hear from the victim and always wants to know whether you will or will not be a friendly witness.

Why is it important for law enforcement officers to understand domestic violence?

domestic violence or sexual assault, the defense investigator must first advise the crime victim that the investigator works for the criminal defendant, that the victim may choose whether to have contact with the defense, and that the victim may have a prosecutor or other person present during any interviews.

Should I plead out in a domestic violence case?

Nov 09, 2018 · Victims of Domestic Violence. If you were identified as the victim in a domestic violence case, then you probably don’t need your own attorney if the crime occurred as alleged, you gave truthful statements to the police, and you want the defendant prosecuted for the crime. If the defendant is putting pressure on you to drop the charges, that conduct might constitute …

Do I have to talk to the defense attorney?

Domestic violence is one of the most common crimes to which law enforcement officers respond; yet, it is often misunderstood. By understanding what domestic violence is, what the best practices are when responding, and what resources exist to support their work, law enforcement officers and departments can build the skills, capacity, and comfort to address …

How do you get a prosecutor to drop charges?

There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.Jul 14, 2021

How do I get a domestic violence case dismissed in California?

Reading the Police Report: The police report holds vital evidence that makes up the grounds for the domestic violence case. Requesting the police report can help the defendant form a strong argument against the charges held to present to the prosecution. When strong enough, the prosecutor will drop all charges.

Why do prosecutors sometimes choose not to prosecute criminal cases?

No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

Can you withdraw a domestic violence statement?

Police Press Charges, Not the Complainant A common misconception that people have is that the alleged victim can withdraw charges. This is not true. As police are the party that has laid the charges, only police can withdraw domestic violence charges.Nov 4, 2021

How can charges be dropped before court date?

How Criminal Charges Get DismissedProsecutors. After the police arrest you, the prosecutor charges you with a criminal offense. ... Judge. The judge can also dismiss the charges against you. ... Pretrial Diversion. ... Deferred Entry of Judgment. ... Suppression of Evidence. ... Legally Defective Arrest. ... Exculpatory Evidence.Jun 22, 2021

What evidence do the police need to charge you?

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.Oct 12, 2020

Why is a prosecutor so powerful?

Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.

Which of the following is the most common result if a prosecutor deliberately fails to hand over required evidence to the defense select one?

Which of the following is the most common result if a prosecutor deliberately fails to hand over required evidence to the defense? The court dismisses the charges against the defendant.