July 11, 2024 | Domestic Violence
Domestic violence charges in Indiana can have severe effects on the alleged perpetrator. In addition to criminal penalties, the offender may experience long-term collateral consequences, including problems at their jobs, relationship problems, and issues with child custody.
Once law enforcement is involved in a domestic violence case, the victim cannot drop the charges. The prosecutor determines whether to pursue criminal charges.
If a prosecutor in Indiana decides to move forward with criminal charges for domestic violence, they are determined to win the case. They’ll use numerous tactics when pursuing domestic violence cases to try and ensure a conviction. Some of these tactics include:
Seeking Protective and Restraining Orders
The prosecutor might seek a restraining or protective order to prevent the defendant from talking to the victim. This tactic isolates the victim from the defendant and can significantly impact their day-to-day life.
Using a History of Violence
If you have any violent criminal charges as part of your criminal history, the prosecutor may try to utilize them to help their case. The prosecutor might try and argue that based on your prior criminal history, you are capable of committing the acts of domestic violence in the present case.
On the other hand, a prosecutor will likely work to suppress evidence that the victim has convictions for violent crimes. This tactic helps protect the victim from defenses that raise self-defense allegations.
Attacking Your Credibility
The prosecutor will likely try to attack your credibility. If your story changed at all from the time of your arrest until trial, for instance, the prosecutor would use that to attack your credibility.
It is in your best interests not to talk to the police or a prosecutor without a domestic violence attorney present. Trying to explain what happened to avoid an arrest could hurt your defense. Instead, exercise your right to remain quiet until you can meet with an Indianapolis domestic violence defense lawyer.
Plea Bargaining for Reduced Charges
Prosecutors understand that you will likely try to negotiate a plea deal if you believe going to trial is not in your best interest. As a result, the prosecutor may charge you with several offenses, including felony charges, to scare you into negotiating a plea bargain.
This tactic works well with defendants who represent themselves instead of hiring a criminal defense attorney. The prosecutor could try and pile on charges because they believe you will be more willing to plead guilty to a lesser charge instead of going to trial.
Recording Conversations in Jail
Your telephone calls and communications in jail are monitored and recorded. The prosecutor may obtain the recordings and information. Never discuss your charges or defense with anyone except your defense lawyer. Also, never contact a witness or the victim in jail because that contact could be considered intimidation of a witness or victim.
Violations of the Brady Rule
The Brady Rule requires the prosecution to turn over evidence and information favorable to you. It includes information and evidence that could reduce your potential sentence, allow the jury to infer your innocence, or attack the credibility of a witness or the victim. Prosecutors may try to conceal evidence that could be material to your defense.
If the court finds that the prosecutor violated the Brady Rule, they could order a mistrial. The judge could rule that unfavorable evidence is inadmissible if the evidence the prosecutor withheld could have discredited the unfavorable evidence.
Seek Legal Advice if You Are Charged With Domestic Violence in Indiana
Experienced criminal defense lawyers understand the tactics used by prosecutors to pursue domestic violence charges and are prepared to defend their clients against them.
If you are facing charges, contact our domestic violence defense lawyers for a free consultation.
Contact the Indianapolis Domestic Violence Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the domestic violence attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (317) 759-2599 or visit us at our Indianapolis law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Indianapolis
101 W Ohio St #2000
Indianapolis, In 46204
(317) 759-2599
