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Should I Take My Domestic Violence Charges to Trial in Queens?

March 21, 2024 Uncategorized

Should I Take My Domestic Violence Charges to Trial in Queens?

Yo, dealing with domestic violence charges is no joke, right? It’s a really heavy situation that can mess with your head big time. But don’t worry, I got your back with some real talk on whether you should take this thing to trial or not. Just keep an open mind and let’s break it down together.

Understanding the Charges

First up, we gotta get a handle on what you’re actually being charged with. Domestic violence can cover a lot of ground, from simple assault to more serious stuff like aggravated assault or even attempted murder. The specifics of your case will play a huge role in deciding if a trial is the way to go.

For example, if it’s a misdemeanor charge for something like a heated argument that got physical, you might want to consider pleading guilty and going for a lighter sentence. But if we’re talking felony charges with serious accusations, taking it to trial could be your best shot at avoiding major jail time or a permanent record.

Weighing the Evidence

Next up, we gotta look at the evidence the prosecution has against you. If it’s a “he said, she said” situation with no solid proof, a trial might be worth the gamble. On Quora, some folks have shared stories of getting charges dropped due to lack of evidence.

But if the cops have photos, witness statements, or other damning evidence, pleading guilty and negotiating a deal could be the smarter move. No sense in rolling the dice at trial if the odds are stacked against you, ya know?

Potential Consequences

Of course, we can’t forget about the potential consequences of a conviction. Domestic violence charges are no joke, and a guilty verdict could mean:

  • Jail time: Depending on the severity of the charges, you could be looking at anything from a few months to several years behind bars.
  • Fines: Get ready to open up that wallet, because domestic violence convictions often come with hefty fines.
  • Probation: Even if you avoid jail time, you might be stuck on probation for a while, which can seriously cramp your style.
  • Restraining orders: The court might slap you with a restraining order, making it illegal for you to contact the alleged victim.
  • Permanent record: A domestic violence conviction will stay on your record forever, which could make it harder to find a job, rent an apartment, or even travel to certain countries.

Yikes, right? That’s why it’s so important to weigh your options carefully and make the right call on whether to take it to trial or not.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Seeking Legal Advice

Look, I’m just a friendly neighborhood writer, not a lawyer. So before you make any big decisions, you’ll want to consult with a domestic violence attorney in Queens. They’ll be able to review the specifics of your case and give you the lowdown on your chances at trial versus taking a plea deal.

Don’t just go with the first lawyer you find, though. Shop around and read reviews to find someone with a solid track record in domestic violence cases. You might also want to check out resources on LawInfo or FindLaw to educate yourself on the legal process and what to expect.

Potential Defenses

If you do decide to take your case to trial, your lawyer will likely explore a few potential defenses. Here are some common ones:

  • Self-defense: If you were acting in self-defense or defending someone else, that could be a valid defense against domestic violence charges.
  • False accusations: Unfortunately, false accusations of domestic violence do happen. If you can prove the alleged victim is lying, that could get the charges dropped.
  • Lack of evidence: As we mentioned earlier, if the prosecution doesn’t have solid evidence against you, your lawyer might be able to poke enough holes in their case to get an acquittal.
  • Violation of rights: If the cops violated your rights during the arrest or investigation, your lawyer could argue to have certain evidence thrown out or the charges dismissed entirely.

Of course, these defenses aren’t guaranteed to work, and a lot will depend on the specific circumstances of your case. But it’s good to know what options might be on the table if you do take it to trial.

Potential Outcomes at Trial

Alright, let’s say you’ve weighed all the pros and cons and decided to roll the dice at trial. What are the potential outcomes you’re looking at?

Outcome Explanation
Acquittal If the jury finds you not guilty, you walk away a free person with no criminal record for this case.
Conviction If the jury finds you guilty, you’ll be facing the potential consequences we discussed earlier, like jail time, fines, and a permanent record.
Mistrial In some cases, a mistrial might be declared due to issues like a hung jury or improper conduct. This would essentially restart the whole process from the beginning.

As you can see, there’s a lot on the line when you take a case to trial. That’s why it’s so crucial to have an experienced domestic violence lawyer in your corner, fighting tooth and nail for the best possible outcome.

Plea Bargains and Alternative Sentencing

Of course, going to trial isn’t your only option. Depending on the circumstances, your lawyer might be able to negotiate a plea bargain or alternative sentencing program that keeps you out of jail.

For example, you might be able to plead guilty to a lesser charge in exchange for probation or community service. Or, if substance abuse or mental health issues played a role, you could potentially get into a treatment program instead of serving time.

These options aren’t available in every case, and they’ll depend on factors like your criminal history and the severity of the charges. But they’re definitely worth exploring with your lawyer if you’re hoping to avoid the hassle and uncertainty of a trial.

Resources

Dealing with domestic violence charges can be overwhelming, but you don’t have to go through it alone. Here are some additional resources that might be helpful:

The Bottom Line

At the end of the day, only you can decide whether to take your domestic violence charges to trial or not. It’s a deeply personal decision that will depend on the specifics of your case, the evidence against you, and your tolerance for risk.

Just remember, you don’t have to go through this alone. Lean on your support system, educate yourself on the legal process, and find a kickass lawyer who will fight tooth and nail for your rights. With the right team in your corner, you’ll be able to make the best decision for your unique situation.

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

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CLAIRE BANKS

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RAJESH BARUA

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CHAD LEWIN

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