Domestic Violence Investigations in Oakland
There are several unique aspects to domestic violence investigations in Oakland, so it is important to seek skilled legal guidance as soon as these allegations surface. By understanding the investigation process, you could avoid implicating yourself or unintentionally violating a protective order. An experienced defense attorney could answer any questions you may have and provide helpful guidance from the start.
Who Investigates Allegations of Household Violence?
Oakland law enforcement are often the first to begin investigations when there are allegations of domestic abuse. Typically, an officer will write up a report which is then turned over to the district attorney’s office. It is the district attorney who has the ultimate power whether to charge a case, and how to file charges.
Once everything is turned over to the district attorney’s office, they have their own team investigate the case. Either the law enforcement agency or someone from the district attorney’s office will request to speak to the complaining witness or the alleged victim.
In addition to investigating the alleged victim, the district attorney will likely also reach out to other witnesses, if possible. The DA may speak with the victim’s children, neighbors, or roommates.
The DA is also going to investigate the accused’s criminal history to determine if there is a pattern of violent or criminal behavior. They will also look at any history of substance or alcohol abuse, and anything else that could hinder the defendant’s chances of being successful. That is why it is critical to have an experienced attorney who knows what the prosecution is looking for, so he or she can find weaknesses in the case.
Unique Aspects of Domestic Abuse Investigations
One unique aspect of domestic abuse investigations is that there is often a specific team in the district attorney’s office that is dedicated to investigating this type of charge. Known as the special victim’s unit, this is the team designated with investigating claims of family violence. These teams are highly experienced in handling these cases, so it is especially important for a defendant to obtain an accomplished attorney to provide guidance during these investigations.
Another unique aspect of domestic abuse investigations is the existence of a victim who could provide statements. These can be especially incriminating, especially if there are multiple witnesses.
Rights of the Accused During Criminal Investigations in Oakland
People who are accused of domestic violence offenses maintain the same rights as any other criminal defendant under the state in federal constitutions. They have the right to remain silent, to an attorney, to a jury trial, to produce evidence at that trial, and to present their own testimony if they choose to. They have the right to cross examine and confront witnesses testifying against them, which would be done by a local attorney.
However, people can lose some of their freedoms should the court issue a protective order against them. Defendants may lose their ability to visit their children, stay in their homes, and speak with the alleged victim.
Importance of an Oakland Attorney During Domestic Violence Investigations
It is critical to have an experienced criminal defense attorney who regularly practices and deal with domestic abuse offenses at different stages of the criminal process. This is because things can quickly change in domestic violence investigations in Oakland.
Something as simple as a text message, picture, or post on social media could completely contradict a claim. In other cases, a defendant may be unaware that there is a protective order against them and may unintentionally violate it. Therefore, seeking legal counsel as soon as you believe you are being investigated for domestic abuse is your best chance at a positive resolution. Call our office now and schedule a free case consultation with our team of trustworthy attorneys.