Evidence Used in DC Domestic Violence Cases
A major source of evidence in DC domestic violence cases is testimony from the complaining witness and other witnesses who were around during the incident. If there were injuries suffered by any of the parties, it is possible that photographs will also be entered into evidence.
Given the nature of the relationships between people in domestic violence cases, video evidence is not common since a lot of these incidents happen behind closed doors and in private residences. However, it is possible for video evidence to be involved, especially if these incidents occur outside the home and inside establishments like bars and restaurants.
Steps To Overcoming Prosecution’s Evidence
A lawyer will review their client’s case to see if any of their constitutional rights were violated during the investigation and the arrest. If the individual’s lawyer determines that any of the individual’s constitutional rights were violated in obtaining evidence, their lawyer will file a motion to suppress, in an effort to exclude the illegally obtained evidence.
For example, if someone is arrested for a domestic violence criminal offense, law enforcement is required to review their Miranda rights before they can interrogate them about the alleged offense. If law enforcement fails to read the individual their Miranda rights and therefore fails to warn them that they have the right to remain silent, any answers that they give in response to their interrogation while they are in custody may be ruled as inadmissible evidence if their lawyer files the proper motions.
This can be important if the person admitted to the offense thinking that they were required to answer law enforcement questions while they were in custody.
Discrediting Witness Testimony
an experienced attorney will cross-examine a witness to show the judge or jury that the witness is biased, not credible, or both. A lawyer can do this in a number of ways. For example, a lawyer may expose inconsistencies in the witness’s testimony to show that he or she is not a credible witness. The lawyer may also expose a strong positive relationship between the witness and the alleged victim to show bias in favor of the prosecution. Similarly, the lawyer may also expose a negative relationship between the witness and the client to show bias against the client.
Defense Side Evidence
Testimony from witnesses who can validate the defendant’s version of the events is extremely helpful in compiling evidence for their defense. It can also be helpful to compile any evidence that would show the government’s witnesses to be unreliable.
For example, information showing the government’s witnesses are biased either towards the complaining witness or against the accused will be helpful in defending against their charges.