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The prosecution tactics in domestic violence cases in Texas present unique challenges for criminal defense attorneys and their clients.
Here, we discuss some of the common tricks employed by prosecutors to make you look bad and secure a conviction or guilty plea. Fortunately, our Plano defense attorneys know about these tactics and have strategies to defend our clients against them.
As Lexi with Edgett Law Firm explains, “If you or someone you care about is facing DV charges, we understand how overwhelming the situation can be. Domestic violence cases are serious with long-lasting consequences.” Understanding the “tricks” of the prosecution is the first step in building a strong defense.
Overcharging
Prosecutors are known to overcharge all types of cases, but overcharging most frequently occurs in domestic violence (DV) cases. DV cases seem to really rub judges and prosecutors the wrong way. It is almost like they forget you are entitled to the presumption of innocence until proven guilty under the Constitution.
Overcharging in domestic violence cases usually means the prosecutor throws the book at you. They can either charge you with a felony when it should have been charged as only a misdemeanor or “charge pile” you with multiple crimes for one incident.
For example, a clear misdemeanor assault could be charged as a felony. They do this to coerce you into accepting a guilty plea to avoid the felony or multiple charges.
Manipulating The History Of The Relationship
Prosecutors are also skilled at manipulating the history of the relationship to make you look bad and make the victim look like a saint, regardless of reality. At Edgett Law Firm, “we specialize in these cases and provide expert and sensitive representation,” Lexi notes, because we know how the state tries to use your past against you.
One way they do this is they argue to suppress evidence of the victim’s criminal history in order to hide this information from the jury. At the same time, they will argue that your criminal history needs to be shown to the jury, and then argue that because you were guilty in the past you are guilty now.
This practice is unfair, and a good attorney knows how to fight back against attempts to manipulate the past. Every case and incident stands alone and the state is required to prove every element of this case, not a past case.
No Contact Orders To Prevent Reconciliation
Another prosecution tactic in domestic violence cases that is particularly reprehensible is the use of no-contact orders as a bond condition during the pre-trial process. Prosecutors almost always ask for no-contact orders, often with no regard for whether there is any actual danger to the victim.
The prosecution claims they want no-contact orders to protect the victim, but the reality is that they often don’t want the couple to reconcile. This is because the prosecution would lose their star witness against you. By doing this, the State can rip families apart. Whether the case involves “physical violence, emotional abuse, or any other charge,” we will guide you through this difficult time to preserve your family bonds.
Recording Your Phone Calls
The State of Texas is also skilled at using your phone calls from jail against you by recording them. They may obtain an incriminating statement or admission you made on the phone talking to someone about the incident.
If you call the victim, the State is known to frequently file an additional criminal charge of witness intimidation. Seemingly innocent words can be the foundation for significantly increased jail time. In these moments, Lexi emphasizes that “having the right legal support is essential” to ensure you don’t accidentally jeopardize your own case.
Taking Sides And Calling You A Liar
Domestic violence cases are often a “he said – she said” situation. In order to resolve these cases, the police simply pick a side to believe. Usually, the police side with whoever called 911 first, even if both parties were violent or the other person was the aggressor.
Regardless, if you have been accused, you are almost certainly being called a liar by the police. This is why Edgett Law Firm takes domestic violence cases in Plano, TX so seriously. You have a right to due process of law – and we’ll fight to make sure it’s fully exercised.
Protect Your Rights and Your Future
As Lexi reminds us, “If you are facing charges, don’t wait. Contact us for a confidential consultation. We are here to protect your rights and your future.”
To learn more, call our criminal defense law firm at (972) 525-4963 or visit our contact us page to send us an email.
