Evidence in Virginia Domestic Violence Cases
There are a couple of categories, such as testimonies and physical evidence, that are generally used in regards to the evidence in Virginia domestic violence cases. A witness testimony can be a testimony of the victim, of other witnesses not involved, and in some cases statements made by the accused. There is often physical evidence of injuries in police reports, such as photographs or medical reports that document the allegations that the victim and the case.
If you are facing domestic violence charges in Virginia, an experienced domestic violence lawyer can help you navigate the facts of your case. A lawyer with knowledge of local laws can clarify the role of evidence in Virginia domestic violence cases.
Types of Evidence
There are multiple kinds of evidence compiled. For starters, the defendant’s attorney is going to want to know of all physical evidence which may exist. Whether that is on the medical reports, photographs, videos, or anything else which would tend to objectively show what occurred during the incident. In addition, an attorney is looking for witness testimony, the testimony of the accused, and it can be the testimony of the defendant as well as anyone else who may have information.
In addition, because so many of these cases rise and fall on the credibility of the accuser, the attorney is looking for any evidence which would tend to show that the statements and accusations of the accuser are false or not believable or as well as any evidence which would tend to show that they have been dishonest in other areas of their life or during other incidences.
In most domestic violence cases, attorneys are not going to be able to keep a witness from testifying in a case. However, they are often able to discredit the witness or do what is called impeach a witness. Often evidence in Virginia domestic violence cases come down to credibility of witnesses, so it is important that if there are any credibility issues with the defendant or any inconsistencies in the defendant’s testimony, they highlight those for the court so that the court can consider those in trying to determine whether or not it is going to believe that witness.
Dismissal of Evidence
Evidence in Virginia domestic violence cases can be suppressed if it is illegally obtained. For example, if a confession is made without a Miranda warning and a person has been placed under arrest that evidence may be excluded and kept out of court. In addition, sometimes there are illegal searches which may result in evidence that is the fruit of that search being suppressed.
Attorneys are always scrutinizing the activities of the police to make sure that there were no violations of their client’s constitutional rights. If there were, they point that out and often are able to get harmful evidence kept from being brought forward during a trial.
Presenting to the Jury
Some evidence will be presented during the trial through cross-examination. In most cases, the police and/or the victim are going to testify and the defense attorney is going to have an opportunity to confront them with evidence which is contrary to what their asserting; whether it is wrong statements, statements of other people, photographs or video, the attorney can often bring that to light and put into evidence at trial favorable things through the government’s witnesses. In addition to that, once the government has concluded its evidence, an attorney also have the ability to put
In addition to that, once the government has concluded its evidence, an attorney also have the ability to put the evidence on and that come into form of favorable witnesses as well as documents or other tangible things, which would tend to help the case of the accused.
Consulting with a Local Lawyer
If a person is charged with domestic violence in Virginia, it is important to use an attorney that has local knowledge. The reason is that evidence in Virginia domestic violence cases are not treated the same in every jurisdiction, even though the law in Virginia is the same everywhere.
There are always personalities involved who are applying that law, whether it is a prosecutor exercising their discretion on whether to go forward with the case or how vigorously to prosecute a case or judge making a decision about guilt or innocence as well as punishment. Knowing who is involved can make a crucial difference in not only whether a person is found guilty or innocent, but also in terms of what the punishment may be. Having a domestic violence lawyer with local knowledge is going to give the attorney a significant advantage in knowing what the best tactics to select are and how best to assist the client.
In reality, with the assistance of confident, experienced counsel, a courtroom setting is not a place to fear but rather is somewhere that a person can legitimately hope that they will receive fair treatment and a positive outcome.