If you find yourself accused of domestic violence in the Sacramento area, know that we sympathize and understand that an arrest can result in an alarming and stressful situation. Many of our domestic violence clients are successful professionals who don’t have a criminal record and are unfamiliar with the legal system. They are naturally anxious, knowing that the prospect of jail time and a criminal record can have drastic effects on their family and career.
Can’t Simply Drop Charges
Many couples tell us that they’ve reconciled since the incident and that they never intended for the police to arrest their partner. Rather they called the police with the hope that they’d intervene and hopefully diffuse the situation. They tell us that their spouse or partner is willing to drop the charges.
Unfortunately, dropping charges is not an option. Once the police have been notified of a domestic incident, they are tasked with arresting someone. Oftentimes, they pick the wrong someone to arrest since both parties may be at fault. Once an arrest has been made, the case is no longer under the control of the police, but is taken over by the district attorney’s office. The Sacramento district attorney’s office has a policy to not drop the charges at the request of the victim because they assume that the “victim” is being coerced into dropping the charges.
Defending Domestic Violence Cases
Our approach with domestic violence charges, is to start early and aggressively. If we are contacted soon after the incident in the pre-file stage, there is a window of opportunity when an arrest has been made, but charges haven’t yet been filed. In these situations, we can sometimes intervene with the district attorney and make an argument not to file.
Other times we may involve our firm’s private investigator to gather evidence and statements regarding the incident. We many find that a former spouse has trumped up charges to aid in divorce proceedings. Efforts may include gathering statements attesting to good character and filing a statement of mitigation.
Regardless of the strategy, our goal in domestic violence or domestic abuse cases is always a complete dismissal of charges. When this isn’t possible, we have an excellent track record of convincing the court to grant probation and no jail time so long as the accused attends an anger management class.
Call 24/7 for a free consultation with a Sacramento domestic violence attorney to discuss your options.
Michelle is a miracle worker
Arrested for a very complex first offense DV and after much study of the California laws that are basically “written in stone” since Marcy’s law took effect in 2008, I felt there simply was no hope for me. The court seemed not to consider the circumstances that were pertinent to this case, they didn’t seem to want to look deeply at my case and the fact I had no prior record of any kind. I stressfully was resigned that I would be forces to accept the minimum offer of 3 years probation and 52 weeks of classes and face possible ankle monitor. The punishment in this case did not fit the crime, considering there were complex extenuating circumstance. For several months there was just no better deal coming from the court. Scared and hopeless, Michelle Spaulding continued to fight for me and one morning I woke to her message that a deal had been made “12 weeks of classes and dismissal”. This was a miracle where there simply seemed no hope and I literally cried tears of joy. I highly, highly recommend Michelle Spaulding to anyone in need of an attorney who will take your case personally, which is not so common with lawyers. She really cares and she will fight for you! Thank you Michelle 🙂
Reviewer: G.R. — February 27, 2014