Re: domestic assault simple

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Very accurate info. provided by Fanua SP. However, having been
involved in domestic violence cases for the prosecution and
defense, let's get real. Unless Brad has a lot of money to
hire a very good private attorney and has money to
hire "expert" witnesses, (and i suspect he does not, or why
would he be posting on this board?) he will never be able to
adequately expose "flaws during the investigation"
like "blood, breath, and urine tesging; fingerprints analysis;
DNA testing; ballistics . . ." etc., etc.

A court appointed attorney defending a misdemeanor assault
case like this just does not have the resources to do this.
Like it or not, clients with lots of money generally get
better legal representation than those who don't have money.
The OJ case is a prime example.

On 11/30/06, Fanua SP. (SCUPS-Student) wrote:
> Depend on State Law, however, domestic violence applied when
> you push your spouse whether you either intentionally,
> knowingly or recklessly causes any physical injury to your
> spouse; or knowingly touches her with the intent to injure,
> insult or provoke; or intentionally places her in reasonable
> apprehension of eminent physical injury. If the police saw
> any type of red mark, or scratch can qualify as an injury.
>
> Your question if you get out of the charge? Well, it is
> depends on your lawyer defending your case. The key to
> defending your case will depend on eye-witness testimony;
> physical evidence analysis; the attempt to seek out and find
> other witnesses not listed in the police report (if any);
> the search for any potential security video cameras which
> may have been present at or near the scene (i.e., if any in
> your house or outside your house, and things of this
> nature). In addition, many times the alleged victim will
> want the charges to be dropped. Unfortunately, the State is
> the one bringing the charges, and not the alleged victim.
> The State can force the alleged victim to appear and testify
> against you if they so desire. HOwever if there is a
> recalcitrant witness, your lawyer might or can most often
> convince the Prosecutor to either dismiss the charges or
> plead the case to a non-Domestic Violence charge (i.e.,
> Disturbing the Peace).
>
> Other defenses that your lawyer might use, include
> challenging the validity of any search warrant, or whether
> there were any forensic flaws during the investigation of
> your case. This could include exposing flawed procedures
> regarding blood, breath, and urine testing; fingerprints
> analysis; DNA testing; ballistics; gunshot residue testing;
> computer analysis / "cloning hard drive" procedures;
> forensic financial accounting reviews; etc. Or he might
> choose to exposing sloppy or misleading police reports which
> include everything from misstatements, false statements,
> flawed photo line-ups and inaccurate of the report etc…
>
>
>
>
>
> On 11/24/06, Brad Hutchcraft wrote:
>> I was not read my miranda rights. My wife called in
>> because I took my son and said I pushed her down. I drove
>> to the police station then they took me inot custody and
>> put me in lock up and did not read me my rights. Can I get
>> out of this charge.