Five Common Mistakes Made After a CDV Arrest

As a CDV Defense Attorney I see people who have recently been arrested make the same mistakes. Often this is due to either not appreciating the gravity of their case, or simply being misinformed. Here are five common mistakes people make:

  • Violating a no contact order: Often times defendants are ordered to have no contact with their alleged victim as part of the bond court proceedings. It doesn't matter if the couple is married, live together or have young children in common. Violating this order can result in immediately returning the jail but this time without the possibility of bond.
  • Talking to the police: It is the role of the police to arrest people that they believe are guilty, and then to prosecute them in Court. Everything you say to the police will be used against you later in Court. Often times police are frustrated by people they arrest contacting them again and will use this as an opportunity to make your case harder.
  • Not going to court: Everyone who has been arrested for CDV needs to appear in Court for their charge as instructed by their attorney. If you haven't hired an attorney you need to appear at every proceeding, especially your first "bench trial." If you don't a bench warrant will be issued for your arrest and you may lose the right to ever challenge your case agan.
  • Trying to represent themselves: When people don't understand the seriousness of a CDV charge, or the adversarial nature of the Court system, they may try to go to Court themselves. The Court isn't allowed to provide legal advice or other help. People who go without a lawyer can be surprised at how quickly they can be convicted.
  • Thinking their case is hopeless: There are numerous ways to resolve a case, including defenses based on the facts of what occurred as well as legal or evidentiary defenses. There are always available strategies that can help someone who has been arrested fight their charge or obtain a deserved second chance.

If you or a loved one has been arrested for any domestic violence related crime contact the Lexington defense attorneys at the Law Office of James R. Snell, Jr., LLC. We offer free initial consultations at our office located at 316 South Lake Drive, Lexington, South Carolina 29072.

Categories: Domestic Violence
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