Do I Have to Testify in a California Domestic Violence Matter? Answered by an Experienced San Diego Domestic Violence Lawyer

Being charged with domestic violence can be a very difficult and stressful time. You may be faced with a plethora of questions surrounding your rights, when you can get out of jail, when you can go home, if you have to testify and so many others. Every state’s domestic violence laws can be different so it is important to understand the legal system and what you may be facing in California. One of the main questions individuals have is whether or not they have to testify in a domestic violence matter. For example, a wife may call the police to claim she was hit or abused by her husband. When the police arrive to arrest the alleged suspect the victim says it didn’t happen, however the alleged suspect
may still go to jail. The supposed victim no longer wishes to testify against her husband, so what will happen with this case in court and what will happen to the suspect?
 
Retracted Domestic Violence Claim 
 If an alleged victim retracts their claim of domestic violence and denies that anything physical or violent occurred, the prosecutor can still move forward with the state’s case against the husband or suspect. This can occur by way of the prosecution issuing a subpoena and forcing the victim to take the stand. Additionally, if the wife’s original statements are assumed to be true she does not have the right to not to testify against her husband. Many scenarios could unfold if the person originally alleging domestic violence retracts their accusations and refuses to testify. The District Attorney may attempt to offer her previous statements and discuss how they are inconsistent. The judge may also hold
that person in contempt of court if they refuse to testify and a good explanation cannot be offered, although this is incredibly rare.  Knowledgeable domestic violence lawyers are aware of ways to protect individuals from having to testify and can secure their legal rights.

Although the process does not necessarily stop if criminal charges are made against someone, then retracted, there are helpful options available. The police and the prosecutors have the majority of control once they are involved at the outset, however a domestic violence lawyer will be able to analyze the matter and provide possible options given the circumstances. Despite someone’s wishes to move forward with the charges or not, the prosecution ultimately makes the decision and your hands may be tied. It is important to know at the outset the severity of making statements, pressing charges and securing proper legal representation to best handle a case that may proceed without your consent.

How a San Diego Domestic Violence Lawyer Can Answer Your Domestic Violence Charges Questions
Emotions and circumstances can fuel situations and we can make unfortunate decisions. If you have found yourself in a domestic violence matter you no longer wish to be apart of or do not wish to testify on behalf of, our firm can help. Attorney Ashby Sorensen has years of experience and vast knowledge of California’s domestic violence laws, which he will use to contribute to your case’s success. Call (858) 999-6921 now to schedule your free consultation to review your best options.

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Ashby C. Sorensen is Experienced San Diego Drug Lawyer

Are you looking for a San Diego Drug Lawyer? Having successfully defended over many clients, The Law Office of Mr. Ashby C. Sorensen has one of the highest success rates for criminal defence lawyers in San Diego.

Being charged with a criminal offence can have life-altering consequences that can have an impact on your freedom, your reputation and your ability to earn a living. If you have been charged with a criminal offence, you need experienced legal representation fighting to protect your rights. An effective criminal defence can mean the difference between a prison sentence and a reduced or dismissed charge.

The Law Office of Mr. Ashby C. Sorensen understands that everything is at stake when a person is facing drug criminal charges. There can be no compromise in a defence or a drug lawyer when everything is on the line. That is why Ashby C. Sorensen strives to provide the best defence the law will afford for his clients. No matter how serious or minor the criminal charge may be, Mr. Ashby C. Sorensen will ensure you receive the best defence the law will afford.

Mr. Ashby C. Sorensen has over Many years of experience and expertise, day in and day out, defending people just like you. Mr. Ashby C. Sorensen has handled almost every type of Drug offence, from minor charges to more serious and complex charges. He has represented thousands of individuals from all walks of life.

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Aggressive Representation from an Experienced Defense Attorney in San Diego

Facing criminal charges can be a long, rigorous and very stressful process. From beginning to end, there are confusions, frustrations, nuances and legal issues that can and will arise. Criminal charges should be taken very seriously, whether it is your first charge or you have been charged before.

California has unique laws and caveats that can make or break your case, and such, it is important to have a Defense Attorney in San Diego by your side each step along the way to ensure you are being fairly and properly represented. San Diego Defense Attorney Ashby Sorensen knows the criminal system inside and out, and as such, can best advise you on your options and the outcomes that will favor your needs. No one wants to be in this position, but if you have found yourself facing charges, now is the time to be proactive and take action to protect your legal rights.

How a Defense Attorney Can Help During Each Stage of Your Criminal Case

There are many stages and steps throughout the process of criminal charges and you will want to be sure you are properly advised and professionally guided throughout them all. As your San Diego Defense Attorney, Ashby Sorensen will gather and discuss your initial arrest reports or investigation with you during your free consultation in order to assess your matter.  We will diligently examine what allegedly happened and what did not happen so we can accurately get more information, as we know police reports may not always provide sufficient detail.

Our firm will go to work gathering relevant evidence, talking to witnesses and digging deeper into details that could help your case. It may be beneficial to hire a private investigator to help us prove or disprove all necessary facts in your case. Defense Attorney Sorensen will also tactfully and strategically evaluate all evidence and testimonies gathered throughout the process and compile the most strong and fair case to protect your legal rights. We know there are many sides to every story and not all arrest reports or allegations tell them all, so we want to hear from you and help you maintain your freedom and reputation.

Aggressive Defense Attorney Representation, at a Fair Price

We don’t believe in high prices that the average person cannot afford. Our firm strives to help any person needing a defense attorney in san diego get the representation they need at a price they can afford. Our free consultation shows that we gladly share our time to see how we can help you and assess what our firm can do for you.

Protect Your Legal Rights - Contact Seasoned San Diego Defense Attorney Ashby C. Sorensen

Do not take any risks hiring an attorney who may not be qualified or know criminal law inside and out. Your freedom and your rights are at stake and our firm is here to help protect them both. Help us help you protect your legal rights. Call (858) 999-6921 now for your free consultation.

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San Diego Lawyer Explains the Difference Between Domestic Violence, Spousal Abuse & Domestic Battery

In California, the definition of domestic violence is stated under the Penal Code as “abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”  Although most incidents of abuse are through physical violence, they can also be defined as emotional, economical or psychological abuse as well.

Many allegations of domestic violence may arise from a number of different circumstances, not all of which are true or warrant a charge of spousal abuse or domestic battery.  However, if you are found guilty, the penalties involved may be very serious and involve prison time or a loss of custody if you have children.  As such, it is important that you know your rights if you have been charged with domestic violence so you are aware of your options and how to best protect yourself.

What is Spousal Abuse?

Although spousal abuse is different than domestic violence and is codified in another section of the Penal Code, the two usually arise from the same set of events. Spousal abuse is defined in the code as “the infliction of bodily injury resulting in a traumatic condition against a current or former spouse, cohabitant or fiancé.” Oftentimes, circumstances surrounding spousal abuse involve the presence of drugs, alcohol or other factors, which can fuel arguments and cause reactions to arguments that are normally unreasonable.  The crime of Spousal Abuse is a felony and can result in up to four years in prison if found guilty, and up to seven years for repeat offenses.

What is Domestic Battery?

Domestic Battery is defined as battery (willful use of force or violence against another) against a former spouse, current spouse or cohabitant. Although this definition sounds very similar to spousal abuse and domestic violence, the three are not mutually exclusive, can result in different penalties and require different defense approaches. Many defendants charged with domestic violence believe that because the allegations are false the jury or judge will believe their side and they will be proven innocent. This is not always the case, as the court is often sympathetic to alleged victims of abuse or battery.  Therefore, a lawyer’s strategic yet careful approach is incredibly important.

Protect Your Legal Rights - Contact Qualified San Diego Domestic Violence Lawyer Ashby C. Sorensen

If you have been charged with domestic violence, spousal abuse or domestic battery, you need a domestic violence lawyer san diego who you can trust. It is imperative to have a seasoned attorney who has the experience and knowledge your case needs to ensure your legal rights are protected. Call (858) 999-6921 now to schedule your free consultation or speak with attorney Ashby Sorensen today to learn more about your legal options.  

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