If you were arrested and are awaiting a hearing or trial, the alleged victim of the offense you were arrested for is a key witness in your case. The evidence they may provide heavily impacts the outcome of the case; therefore, you should never contact or attempt to contact the individual who claims to be your victim.
What Happens if I Contact My Accuser?
You should avoid contacting your accuser as they may feel threatened by any form of contact from you regardless if you are doing so in a civil manner. While you may feel the urge to "clear things up", contacting your accuser may appear as if you are trying to manipulate, intimidate, or harass the individual. Avoiding contact with your accuser creates zero potential for any misunderstanding of your actions as they pertain to the case. Contacting your accuser only creates the potential for new evidence they can use against you.
Can My Lawyer Contact My Accuser?
Your criminal defense attorney can contact the alleged victim who accused you of a crime even if there is a no-contact order put in place by the judge. By doing so, your criminal defense attorney acts as your investigator. This helps them not only understand the facts of the case but also confirm if what was told to the arresting officer is the same information the victim is claiming now. While a criminal defense attorney cannot relay messages between the accused and accuser, they can contact them to better understand their position in relation to moving forward with the case. Often times in domestic violence cases after a period of time, the victim is not as willing to participate or they realize the information they provided is not entirely true or exaggerated.
What Kind of Evidence Can I Gather if I Believe I'm Being Falsely Accused?
If you believe you are being falsely accused by your alleged victim or that the events they claim took place are exaggerated, it's best to seek help from an experienced criminal defense attorney at The Law Offices of Matthew Konecky, P.A. as soon as possible. In criminal cases, especially those that may relate to domestic violence and potential false accusations, a decision can only be made by the evidence on hand by the judge. When collecting potential evidence to provide to a lawyer, look out for things such as:
- Time-stamped messages
Surprisingly, a recent survey conducted by YouGov found that 8% of Americans report being falsey accused of domestic violence, child abuse, sexual assault, or other forms of abuse. This 8% figure represents a total of over 20 million adults.
Why Is it Important to Hire an Experienced Domestic Violence Defense Attorney?
If you are convicted of domestic violence, there are minimum mandatory sentences that are applicable depending on the type of domestic violence conviction. Once this happens, this conviction will be on your record permanently for employers, potential employers, government agencies, and others to see. This will affect your employability in certain types of jobs. This conviction can never be removed from your record. If you have been arrested for domestic violence, we recommend that you contact our experienced defense attorney immediately. Do not speak with the police or make any further statements until you speak with a qualified attorney.
If you are being accused of a crime, contact our office at (561) 671-5995 as soon as possible to schedule a consultation. You can also download my free book 'What to Do If You or Your Loved One Has Been Arrested for Domestic Violence' here.