Helpful facts are those that point to the innocence of the accused or that raise a reasonable doubt about guilt. In a domestic violence case, they include:
Helpful facts dramatically increase the chances of defeating a domestic violence accusation. But how does Randy Collins find those facts?
All criminal defense investigations begin with the client. The person who has been accused of a domestic violence crime usually knows more about the accuser and the accusation than anyone else. A detailed interview often opens promising avenues of defense. Questions that Randy Collins will ask may include:
If it is undeniably clear that the client engaged in domestic violence, the interview will explore mitigating circumstances. Questions might include:
A thorough interview, often conducted during a series of meetings, is a critical component of a domestic violence investigation. In some cases, however, it is better to postpone extensive questioning until other avenues of investigation make the facts of the case more clear.
By filing appropriate discovery demands and motions, Randy Collins will obtain police reports, witness statements, and other evidence that the prosecutor might rely upon (or ignore) when building a case against the accused. A careful scrutiny of that material often reveals facts that become the foundation of a solid defense.
A careful analysis will often produce:
It is important to examine the physical evidence that the prosecution relies upon to establish its case. Just like the glove that did not fit O.J. Simpson’s hand, physical evidence often does not fit the prosecution’s theory of how the crime occurred. For example, photographs of bruises on the alleged victim’s neck that were allegedly caused by choking might show that they were made by a hand that was larger or smaller than the accused’s.
Just as important as what the physical evidence shows is what it does not show. Did the alleged victim fail to obtain medical treatment for injuries she now regards as serious? Do medical reports match the injuries the accuser claims she received? Do fingerprints or DNA evidence tie the accused to those injuries? Juries raised on shows like CSI expect the prosecution to produce convincing forensic evidence that often does not exist.
Defending a domestic violence case often requires a diligent background investigation of the alleged victim. Interviews of people who know the accuser are often a source of useful information. The investigation searches for reasons the accuser might have to make a false accusation as well as other reasons to doubt the accuser’s credibility. For example:
A private investigator working under the direction of Randy Collins can often uncover evidence that has a devastating impact on the credibility of the alleged victim. In nearly every case, a thorough investigation pays dividends that can lead to acquittals, dismissals, or favorable resolutions of domestic violence charges.
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