Virginia domestic violence investigations are usually the result of somebody calling the police after a domestic dispute. Subsequent interviews are done and the evidence is gathered such as other witnesses, pictures, and video. However, a domestic violence investigation does not usually begin until after the accusation or charge is made. Because the charge is usually based off of a call related to a domestic dispute, the police will then determine who they think has the fault and will make an arrest.
If a person is experiencing a serious investigation, they may need a Virginia domestic violence attorney because they most likely will be arrested. It is important to get in contact with an experienced attorney if under investigation. The consequences associated with domestic violence should not be handled alone.
There might be an investigation prior to the arrest. This typically means the police might be gathering evidence from the individual’s computer or text messages. There might be search warrants. If the police are investigating a call by someone who is obligated to report any suspicion, like a school teacher, they have a usable statement from that person. This means the police are preparing enough for probable cause to make an arrest. This means that they could start asking the individual questions regarding the investigation.
The Virginia domestic violence investigation process will be the same with another type of investigation without an immediate arrest. If the police begin asking other people about the suspicions surrounding the individual, they are looking for witnesses. It is rare in a domestic violence situation that there is an advanced investigation or a prolonged investigation because it is considered a third party reporting, not a victim reporting.
Somebody who is accused of domestic violence maintains the same rights that any criminal defendant maintains, which is innocent until proven guilty. As part of these rights under the Constitution, they have rights to be free from unlawful search and seizures, to have the right to an attorney, to have the ability to not incriminate themselves on the stand, and a right to a trial.
There are various other rights that are guaranteed by the Constitution that all criminal defendants in a Virginia domestic violence investigation inherently have when they are accused. When somebody is accused of committing a crime, the people who are accusing them often have some type of evidence or statement prepared. In an effort to protect the victim from what they perceive could be a potential truth, they err on the side of caution. They will often treat the individual who is charged as though they have already committed the crime and they offer to protect the victim.
In Virginia domestic violence investigations, police officers will determine the primary aggressor based on credibility issues. An office will interpret the situation and then decide who the primary aggressor is.
A lengthy Virginia domestic violence investigation is a sign that the accused is going to get seriously charged. Investigators would not take that much effort for the simple domestic violence situation or a misdemeanor offense. Felony offenses can have serious consequences including disenfranchisement, losing the right to vote and the right to bear arms. Long periods of incarceration can include ineligibility for federal aid and jobs.
It is important to call a Virginia domestic violence attorney immediately because a person does not know what they will be facing. An experienced lawyer will be able to clarify the process of going to trial based on the specific facts of that individual’s case. Contact a lawyer right away if you are under a domestic violence investigation in Virginia.