Domestic violence charges can have long lasting effects on an accused. A domestic violence related conviction will have adverse affects ranging from jail time to substantial rehabilitation programs including public work service and fines.
A frequently asked question is whether or not the charges will continue if the victim decides not to press charges. The answer is yes, charges will remain against the accused regardless of whether the victim decides not to press charges. Upon an arrest, police will obtain statements from witnesses and victims. Once a crime has been reported, police forward the report to the prosecuting agency; usually the District Attorney or City Attorney. The prosecuting agency will then make the determination whether or not to go forward. Thus, whether or not someone will be or is charged with a crime of domestic violence is up to the prosecutor, not the victim.
Temporary restraining orders against the accused are petitioned by the prosecuting agency. Even if the victim or protected person does not request a stay away order, the court may issue an order prohibiting the accused to have any contact with the victim. If the victim and the accused, even if consensual, have contact, the accused may be arrested and charged with violating a court order.
Having an experienced, intelligent attorney do everything possible in a domestic violence case can mean the difference between a favorable result and a life altering outcome. Mr. Ham believes in fighting for what is right and ensuring the fair administration of law and due process. Mr. Ham will immediately begin his legal representation by determining whether witness statements need to be preserved by the licensed private investigator or whether evidence needs to be preserved. After securing key evidence, Mr. ham will prepare for the upcoming court, assuring that each detail of the criminal process is covered prior to stepping foot in the courthouse.
The Law Offices of Christian M. Ham can help by providing an aggressive and experienced legal defense. Mr. Ham has dedicated his legal career to criminal defense law and will do everything possible to minimize the negative consequences associated with the criminal process. He will fight and he will help; and he will always be honest about each client’s case.
Contact the Law Offices of Christian M. Ham today to discuss your legal options. Contact us online or call 619-236-1983.