Uploaded by havingfun200 on Nov 13, 2010
http://www.notacriminal.com Now there's another criminal offense that's getting a lot of media attention these days and that's domestic violence. What are the ramifications for someone facing this type of crime? (transcribed from video interview with Howard Snader, AZ criminal lawyer www.notacriminal.com )
First of all, I feel sorry for you if you've been accused of a crime of domestic violence because from the point of accusation, you've probably spent your first night in jail. Law enforcement in Arizona is required to make an arrest if there's any injury on a domestic violence report. The legislature has recently extended domestic violence crimes to those people who are out on dates so there doesn't even have to be a residential relationship any more or a marriage relationship of any type. Crimes of domestic violence are very broad and can be everything from disorderly conduct where the two people are yelling aloud in a public area to the more common concept of domestic violence like assault or the criminal damage. Crimes of domestic violence are politically attractive because you're never going to see a politician step aside and say, no I'm not going to be tough on domestic violence they all got to go away. Realistically though, the prosecuting agencies have cut back on the concept of deferred prosecution they've become more attentive to the political organizations that want to see victims of domestic violence represented in court The prosecutors have taken heed of that and the punishments have become more severe.
You know you definitely need to know your rights these days when being charged with domestic violence. It's something than the courts just don't take lightly
You have to know what your rights are in domestic violence. You can't talk your way out of an arrest,
it's statatory, the cops are going to take you in. But you need to know what to do, what to say. In most cases, most people are coming to me after they've already been arrested. Although my phone is by my bedside at nighttime, I usually don't get that call until they're out of jail. Once they're out of jail, they realize that this is moa than just the cops having been called to the house to separate the parties. They're now worried about a misdemeanor conviction, and misdemeanor conviction for domestic violence will cost your gun rights. A misdemeanor conviction for domestic violence may cause you your residency status if you're not auk's citizen. A conviction for domestic violence is a misdemeanor it could have both employment and credit affects on you. Aloof misdemeanors are reported to the credit card companies. The crimes of domestic violence down the road could affect child custody issues and that situation and 9 times out f 10 people get that deferred prosecution the first time that they're prosecuted for it and they ace it of it thing that it's the easy way out but there's still an admission to get into the deferred prosecution and the consoling and event at admission can have the same negative affects in child custody matters
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