How do you prove you are innocent of CDV?

South Carolina's CDV law is enforced in earnest by police departments around the State. Anyone is subject to an arrest when law enforcement is called to a home due to a domestic dispute. CDV arrests can be based on facts that otherwise don't seem to be violent or criminal.

If you are charged with CDV you will be given a date to appear at CDV Court. The date on your ticket is in fact an initial trial date. The Court will be prepared to either accept a guilty plea, or dispose of your case without giving you the opportunity to pre-trial discovery or a jury trial. Of course the penalty for a CDV conviction is the same whether or not you were convicted after a summary style trial in the CDV Court rather than a fully comprehensive trial where all of your rights were implemented with the assistance of a criminal defense trial attorney.

A common question I receive is how can someone prove that they are innocent of a CDV charge? This is why in our system the government has the burden of proving guilt of the accused beyond a reasonable doubt. The job of a CDV defense attorney is to prove that the State's allegations are so unlikely to be true that reasonable doubt must exist and the defendant is entitled to a finding of "not guilty."

When someone arrested for CDV fails to take advantage of their legal rights and to retain a defense attorney, they run the risk of being summarily convicted or an otherwise unfavorable outcome.


The Law Office of James R. Snell, Jr., LLC, is a criminal domestic violence defense law firm in Lexington, South Carolina. Individuals charged with CDV may receive a personal no cost consultation by contacting his office at 1-888-301-6004.

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