Rights During a New York City Domestic Violence Investigation
If a family violence case begins with one of the parties calling 911, generally speaking, the other party can be considered the aggressor. However, this is merely an assumption typically made by the police. The New York Police Department (NYPD) is supposed to conduct an investigation when they arrive on the scene.
If you are accused of a family violence offense, a distinguished criminal attorney can help you protect your rights during a New York City domestic violence investigation. Contact a domestic violence lawyer as soon as possible.
How Do Domestic Violence Arrests Typically Occur?
Often one party will instigate or somehow initiate the violent contact and the responding party defends themselves by causing some sort of injury. Even if that injury is minor to that initial aggressor, the police often only address the injured party. The responding party is often arrested despite not being the one who started the fight.
It is difficult for the NYPD to arrive at the scene and know exactly what happened. They tend to try separating the parties and questioning the parties and any witnesses. To the extent that they can, the NYPD will try to make a determination of what happened. Often, when the police arrive, the alleged victim accuses a threat or violence which typically leads to an arrest.
Rights of the Accused During a Domestic Violence Investigation
The accused individual retains all rights during a New York City domestic violence investigation such as the right to remain silent and the right to have an attorney present during questioning. The nature of the allegations does not remove an individual’s right to not answer police questions. The police do not have an absolute right to question them outside the presence of their attorney.
The Right to Counsel
Arguably your most important right when accused of committing domestic violence is your right to counsel. You are entitled to consult with a criminal defense attorney as soon as the police attempt to question you, but it is a good idea to secure legal counsel even sooner when possible. As soon as you believe you are the suspect in a domestic violence investigation, you could benefit from immediately discussing your case with an attorney.
This right applies whether you can afford an attorney or not. While the state provides low income defendants with public defenders, you are often best served by working with your own attorney. The right legal counsel can help you understand your rights during a New York City domestic violence case.
The Right to Remain Silent
If you are being investigated for domestic violence in New York City, one of the most important protections you have is the right to remain silent. This right, guaranteed under the Fifth Amendment to the U.S. Constitution, means you are not obligated to answer questions from the police. Many people mistakenly believe that remaining silent makes them look guilty, but in reality, you are putting yourself at risk by providing any statement at all. If you talk to the police or prosecutors without having an attorney present, the chances are high that you will damage your case.
Law enforcement officers may try to get you to talk by claiming they just want your side of the story, but anything you say can be twisted or taken out of context. Exercising your right to remain silent is not an admission of guilt, it is a wise use of the rights you have been promised. If the police attempt to interrogate you after you have invoked your right to an attorney, you may be able to exclude any video or statements related to what you might have said.
The Right to Due Process
You are also entitled to due process under both the U.S. and New York State Constitutions when being investigated for a crime. This means the government cannot take away your liberty without following the established legal procedures designed to guarantee you a fair trial. Due process protects you from rushed or biased actions by law enforcement and prosecutors. You have the right to know the charges against you and the right to be heard in.
In the early stages of a domestic violence case, due process ensures that an arrest or protective order isn’t issued arbitrarily. It also requires that the prosecution prove guilt beyond a reasonable doubt should your case ultimately go to trial.
How Are Those Accused of Family Violence Often Treated?
Generally speaking, society views domestic violence as a person in a position of power, victimizing and abusing somebody who is more vulnerable or weaker. Because of the emotions surrounding these charges, people tend to be convicted by public sentiment or in the media (if there is any media attention) before any of the facts are known.
The general public is so conditioned to protect people who are vulnerable that and so outraged by the behavior, they tend to lose the ability to separate what potentially happened with whether or not a person might have actually done it. Judgments are made based on emotion and sentiment rather than fact. Therefore, it can be critical to discuss your rights during a New York City domestic violence investigation with an established attorney.
Reach Out to a New York City Attorney Today to Discuss Your Rights in a Domestic Violence Investigation
You have a variety of rights during a domestic violence investigation in New York City, but only if you enforce them. It is crucial that you protect yourself, and the best way to do that is with the support of skilled legal counsel.
Our firm can explain these rights and ensure they are enforced during the course of the investigation. In some situations, we may be able to help you avoid criminal charges entirely. Reach out as soon as possible for a confidential consultation with our firm.