QUESTION
Does my daughter need a lawyer for a first time domestic violence charge?
Asked on Aug 05th, 2013 on Criminal Law - Michigan
More details to this question:
Daughter has never been in trouble before this. She was released on her own recognizance. She was arrested for domestic violence and criminal trespassing. She has a court date on 7th of August. She was never read her rights so the public defender does not give information.
9 ANSWERS
James Edward Smith
Get a lawyer as this is a serious misdemeanor with a lot of consequences like a DU.
Answered on Aug 14th, 2013 at 12:39 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Yes, she needs an attorney and has one if she is satisfied with a public defender. If she is not she should hire her own counsel.
Answered on Aug 14th, 2013 at 12:38 AM
Michael J. Breczinski
Yes she needs a lawyer. There are thing that could be worked out so that she ends up with no record.
Answered on Aug 14th, 2013 at 12:38 AM
Criminal Law Attorney serving Worcester, MA
at
Gregory Casale, Attorney at Law
Update Your Profile
Your daughter should absolutely have an attorney. Domestic violence is a very politically charged crime in MA and very rarely gets dismissed unless her attorney knows how to use her constitutional rights to assist her. She will have no idea how to proceed and the DA's job is to convict her. She needs a lawyer on her side to protect her rights.
Answered on Aug 14th, 2013 at 12:38 AM
Absolutely. A DV conviction has life-long consequences.
Answered on Aug 14th, 2013 at 12:38 AM
2 Awards
Yes! Your daughter needs an attorney there are many considerations to a Domestic violence charge and a conviction can impact your daughters ability to rent an apartment, own firearms, and potential parental rights (if there ate children). It sounds as if she is being represented by the public defender. Public defenders are attorneys, and good attorneys at that. Sometimes high case loads restrict their ability to talk about a case. Your daughter should find an attorney that she is comfortable with and has the time to dedicate to the case.
Answered on Aug 14th, 2013 at 12:38 AM
Thomas Edward Gates
She does need an attorney. She needs to try to remove the "DV" from the assault charge.
Answered on Aug 14th, 2013 at 12:38 AM
Criminal Law Attorney serving Los Angeles, CA
at
Law Office of Edward J. Blum
Update Your Profile
Yes. She needs a lawyer to fight the charges.
Answered on Aug 14th, 2013 at 12:38 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Domestic violence can carry a potential jail sentence of 1 year or more, depending on whether it is filed as a misdemeanor or felony. She needs an attorney. With regards to her rights not being read, although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest or the charges.
Answered on Aug 14th, 2013 at 12:38 AM