The biggest mistake that we at The Capetti Group Law Offices see people making when it comes to Domestic Violence investigations is waiving their right to remain silent.

Many times people feel that if they cooperate with the officer asking the questions, the officer will go easy on them for the cooperation. At other times, people believe that they can just explain it away. Both beliefs have landed many, many criminal defendants a hefty jail term. It is wrong thinking and it will hurt you.

At The Capetti Group Law Offices, we do not encourage people to waive their right to remain silent. We do, however, encourage people to be polite and non-combative. If the officer decides to make an arrest, do not provide resistance—unless, of course, the officer is using excessive force to make the arrest.

It is also crucial to remember that you do not have a right to lie!!! So many people fudge or twist the truth to such an extent that they have actually told a lie. Although under state law telling a lie to a police officer is not currently an independent crime, it does oftentimes come back to haunt a criminal defendant, and usually in the worst possible way. DON’T DO IT.

Your best bet is not to say anything. Rarely will you explain it away sufficiently for an officer not to arrest you. REMAIN SILENT!

OTHER BIG MISTAKES:

Not Seeking Legal Advice Promptly
Another very big mistake that we observe people making is not seeking legal advice immediately after being released from jail or the police. A criminal charge of Domestic Violence is oftentimes complex and carries with it a very heavy price if you are convicted of it, no matter how small the charge. Click here to read more about “collateral consequences”.

Oftentimes there are aspects to a criminal charge and prosecution for Domestic Violence that is not immediately obvious to a defendant. If you miss it, it can come back to hurt you. Also, an attorney can often explain certain nuances and concepts that may not be readily apparent.

For just a little bit of money, and a little bit of your time, we can provide you with valuable information with which you can make solid, informed decisions from there on.

Violating the ‘No Contact’ Order
A third big mistake that we often see people making is in violating the No Contact Order. So many people believe that they “must” violate this order in order to keep their finances under control, or to maintain a link with the family.

When the court orders a person to have No Contact, it often does so with the knowledge that this will create a hardship for that person as well as that person’s family—usually the victim. Courts and Law Enforcement have taken the position that the Accused (and presumed innocent) and victims of Domestic Violence can and must endure these hardships while the government pursues their desire to prosecute the alleged crime(s).

Despite these hardships, it is never advisable to violate a court’s order, no matter how oppressive or unfair, and no matter how oppressive and unfair it may be to an alleged victim.

Violation of this order can and probably will lead to further charges or at the very least, revoking a Defendant’s release. This is unfortunate as many times a criminal charge of Domestic Violence can be defeated, while new charges of violating a court’s order result in a conviction.

Tampering with a Witness
A big mistake that we have seen people make is trying to “persuade” the victim or a witness (usually children) to not show up in court or to testify to something other than the truth. In the criminal justice system we call this tendency “Witness Tampering”.

Witness Tampering is a class C Felony, and can be a very unfortunate charge in relation to a Domestic Violence case. As stated earlier, Domestic Violence prosecutions are often defendable and potentially beatable. But people get too nervous and try to take matters into their own hands, resulting in a criminal charge that is more difficult to win, and can carry more serious consequences than the initial charge.