Anything You Say Can, and Will, be Used Against You in A Domestic Battery Case
Police are trained to treat domestic battery calls as high priority or life-threatening situations. As a result of this, even if the victim cancels the request for police assistance, they will still come to check on you. As soon as they walk in the door, they begin collecting evidence. Observations, photographs, and statements are all part of this process. Ask any domestic battery lawyer and they will tell you that during this time silence is the best thing you can do for yourself.
Many people want to explain their side of a situation or are uncomfortable with silence. So, they begin speaking almost uncontrollably. They think if they talk long enough something will stick and their side of the story suddenly makes more sense than the other side. Be aware. A case is being built by the police in these situations. It started at the beginning of the phone call that alerted them and it doesn’t end until after they leave or arrest one party. If you are found to be the aggressor, then it will be you who is arrested. It’s better for you if you either stay silent or request to speak with your lawyer.
Reasons to Remain Silent if You’ve Been Investigated or Arrested for Domestic Violence
Many domestic battery situations have no corroborating witnesses and ultimately end up being a case of he said she said. It is up to the police to determine the severity of the situation and who is at fault. It is imperative that you remain silent during this time. The police have no idea what has happened, and they will try to deduce the crime by taking statements. Just because they are authority figures does not mean you have to answer their questions. Any answers are forwarded to the District Attorney for your prosecution.
- Self-incrimination. Police are trained to conversationally discuss the situation. This lighter attitude is designed to make you feel relaxed and open to them. As a result of this, you may say something that could be misconstrued. There is also the possibility that you could accidentally say something you didn’t intend. It can be very stressful to be questioned by the police and it does impact your judgment. Fear of jail or prosecution can get you to exaggerate or minimize a situation. Deviations from the truth are often seen as a sign of guilt.
- Variations in Your Story Hurt You. Even if you are innocent, it is very difficult to tell the same story twice, especially if the first time is done under duress. Once called to the stand, you may have to give your statement again. Chances are there will be minor differences the prosecution can use to unravel your testimony and shake you.
- The Police Can’t Make Deals. Even though they may try to entice you with no jail time or a reduced sentence, they don’t have the authority to make that happen. It is best to wait for your attorney to verify any deal that is presented to you by the district attorney before agreeing to it.
- Pleading Guilty Can Wait. Even if you want to alleviate yourself of the guilt of your crime, do not do it in front of the police. It is highly recommended to speak with a lawyer first as circumstances could change the severity of your charges, or you could receive a reduced charge or sentence.
How to Effectively Invoke Your Right to Stay Silent
When invoking your right to silence or to protect yourself against self-incrimination, you can say plainly to the police, “I am invoking my fifth amendment right to protect myself against self-incrimination” or you can simply say, “I will not speak to you without a lawyer present.” Once you have made this statement, you do not need to say anything else. If you do not say something to this effect and decide to just stay silent, your silence and your movements could be construed against you in a courtroom.
Jesse Kalter is Available Day or Night to Assist with a Domestic Battery Charge
Domestic battery is an event between two people who generally care for each other or are related in some capacity. Whether they are partners, friends, or family, generally the situation got heated and both parties are at fault. However, the police will only name one the aggressor. If you, or someone, you know has been arrested for domestic battery then make sure you have the experience and knowledge of an experienced domestic battery lawyer, so your case receives the best possible outcome. Jesse Kalter has earned countless not-guilty verdicts for his clients and has had countless cases completely thrown out before trial. He is available when you need him and ready to serve the people of Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.
Exercise Your Right to Remain Silent and Call an Experienced Domestic Battery Lawyer
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
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