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First Steps After Being Arrested for Domestic Violence on Long Island
First Steps After Being Arrested for Domestic Violence on Long Island
Being arrested for domestic violence on Long Island can be a frightening and overwhelming experience. It’s important to remember that you have rights, and there are steps you can take to protect yourself and your future. In this article, we’ll discuss the first steps you should take after being arrested for domestic violence on Long Island.
Understand the Charges Against You
The first thing you need to do is understand the charges against you. Domestic violence charges can range from misdemeanors to felonies, depending on the severity of the alleged offense. Some common domestic violence charges in New York include:
- Assault: Intentionally causing physical injury to another person.
- Menacing: Placing another person in fear of imminent serious physical injury.
- Stalking: Engaging in a course of conduct that causes fear of harm or emotional distress.
- Strangulation: Applying pressure to the throat or neck of another person with the intent to impede breathing or circulation.
It’s important to note that even if the alleged victim doesn’t want to press charges, the prosecutor can still choose to pursue the case. This is because domestic violence is considered a crime against the state, not just the individual victim.
Exercise Your Right to Remain Silent
When you’re arrested, the police will likely try to question you about the incident. It’s crucial that you exercise your right to remain silent. Anything you say can and will be used against you in court. Politely inform the officers that you wish to remain silent and that you want to speak with an attorney.
Contact a Domestic Violence Attorney
The next step is to contact a skilled domestic violence attorney who can protect your rights and help you navigate the legal system. Look for an attorney who has experience handling domestic violence cases in Long Island and who you feel comfortable working with. You can find attorneys through online directories, legal websites, or referrals from friends or family members.
When you meet with an attorney, be honest about what happened and provide as much detail as possible. Your attorney will need to know the full story in order to build the strongest defense on your behalf. They can also advise you on the potential consequences of a conviction and help you understand your options moving forward.
Consider Bail and Protective Orders
After your arrest, you’ll likely be held in custody until you can post bail or until your arraignment. Your attorney can argue for a reasonable bail amount and help you understand the conditions of your release, such as staying away from the alleged victim or surrendering any firearms.
In many domestic violence cases, the court will also issue an order of protection, which prohibits you from contacting the alleged victim or going near their home or workplace. Violating an order of protection can result in additional criminal charges, so it’s important to follow the terms carefully.
| Type of Protective Order | Description |
|---|---|
| Refrain From Order | Prohibits the defendant from threatening, harassing, or abusing the victim. |
| Stay Away Order | Requires the defendant to stay a certain distance away from the victim, their home, workplace, or school. |
| Move Out Order | Requires the defendant to move out of a shared residence with the victim. |
Gather Evidence and Witnesses
To build a strong defense, your attorney will need to gather evidence and interview potential witnesses. This may include:
- Police reports and 911 call recordings
- Medical records documenting any injuries
- Photographs of the scene or injuries
- Text messages, emails, or social media posts related to the incident
- Witness statements from people who saw or heard the incident
Your attorney may also hire expert witnesses, such as medical professionals or domestic violence experts, to testify on your behalf.
Consider Plea Bargains and Diversion Programs
In some cases, it may be in your best interest to accept a plea bargain or participate in a diversion program. A plea bargain is an agreement between the defendant and the prosecutor where the defendant pleads guilty to a lesser charge in exchange for a reduced sentence. Diversion programs, such as anger management or substance abuse treatment, allow defendants to avoid a criminal conviction if they complete certain requirements.
Your attorney can advise you on whether a plea bargain or diversion program is a good option in your case. They can also negotiate with the prosecutor to try to get the charges reduced or dismissed.
Prepare for Trial
If your case goes to trial, your attorney will work with you to prepare your defense. This may involve practicing your testimony, reviewing evidence, and developing a strategy to present to the jury. Remember, the burden of proof is on the prosecution, and they must prove your guilt beyond a reasonable doubt.
During the trial, your attorney will cross-examine witnesses, object to improper evidence or testimony, and present arguments on your behalf. They will also work to ensure that your rights are protected throughout the process.
Resources
If you or someone you know is facing domestic violence charges on Long Island, there are resources available to help:
- Legal Aid Society of New York – Provides free legal services to low-income individuals in New York City.
- New York State Courts Domestic Violence Resources – Offers information and resources for domestic violence victims and defendants.
- New York State Office for the Prevention of Domestic Violence – Provides information and resources on domestic violence prevention and intervention.
Remember, being arrested for domestic violence is a serious matter, but you have rights and options. By working with a skilled attorney and taking the necessary steps to protect yourself, you can navigate this difficult time and work towards the best possible outcome in your case.