Let's review the common question of how to deal with false allegations in a Los Angeles domestic violence case. I've been defending people for domestic violence cases now for over 30 years in Los Angeles County and have had a lot of success.
My clients often say there are false allegations against them, and they don't believe they should have been arrested in the particular case. I obviously review all of the facts and details and first determine whether this is the type of case that could be successfully defended at a jury trial.
False allegations are one thing, but if they have other evidence that proves the person is guilty of a crime, then the false allegation argument may have a limited impact on the criminal case.
If the false allegations stem from the claims by the other party that you or your loved one committed domestic violence, that could certainly be a complete defense if it can be proved that the allegations are false.
Police Bodycams
When it comes to domestic violence cases, evidence is crucial. Typically, what the police do is arrive on the scene. In Los Angeles County, most law enforcement agencies have bodycams on.
So, they will videotape the parties' and witness statements. If there are any injuries on the person, then they'll take photographs of anyone that's injured in a domestic violence case.
So, the alleged victim's statement will be part of their evidence package to present to the prosecutors. For example, if that person says yes, they were punched in the face, and they have a black eye, or their eye is red.
If they have an injury, they'll take a picture of it and use the person's statement and photographs that show the injury related to the person's action as evidence.
They'll, of course, ask questions of the person they ultimately arrest for the domestic violence case and see if that person will admit that they unlawfully punched another person. They'll have that on video, and that will, of course, be another piece of evidence.
Physical Injuries
Now, cases don't always go exactly as I've described here. Sometimes, there are injuries on both sides. Sometimes, there are no injuries at all. Sometimes, somebody's trying to defend themselves.
So, we have to look at everything. The legal process is thorough, like a jigsaw puzzle with many different pieces and various pieces of evidence. You've got common sense.
Depending on the circumstances, you sometimes have a motive for the other person to lie. The defense attorney has to figure out exactly how to unravel that and help the person decide whether it's worth taking the case to trial if there are false allegations.
Sometimes, even if the false allegations don't precisely center on the facts and circumstances surrounding the arrest, if the person has lied before, you can argue that they may have lied again.
Proving False Allegations
So, proving that false allegations are being made against a particular defendant is beneficial. However, you can't be like some clients who whisper in my ear during a preliminary or court hearing; that person is lying. That doesn't help me.
I keep evidence that the person is lying, which can take many forms. Your word against their word is usually going to be a trial, and the jury will decide who's telling the truth and who's not.
So, if you or a loved one is charged with domestic violence and you feel like false allegations are being made against you, you can come in for a consultation. We'll sit down and review everything, and I'll give you an idea of my opinion and some information about what can be done to defend you properly.
I've been doing this for over 30 years. I started criminal defense, specifically domestic violence cases, in the early 1990's. I've worked for the district attorney's office. I've worked for a superior court judge and am ready to work for you and do everything I can to assist you.
If you need the best, pick up the phone now and ask for a meeting with Ron Hedding. The Hedding Law Firm is based in Los Angeles, CA.
Related Content:
