When police are involved, even a routine argument can quickly blow out proportion and jeopardize your rights, freedom, employment, family and standing in the community. Being arrested for domestic violence, whether it is a first offense “DV 3rd Degree”, or a more serious General Sessions level 2nd or 1st degree charge, can have drastic consequences.
What is worse than being arrested for something you did do, is being arrested for something you did not do. When law enforcement responds to a “domestic disturbance” they are instructed to always make an arrest whenever there is “probable cause” That can come down to simply an accusation made by one side of an argument.
Law enforcement in South Carolina is not required to find evidence of an actual injury to make an arrest and bring charges. Arrests are frequently made within minutes of police responding, sometimes without talking to all the possible witnesses or even hearing your side of the story. And police frequently take statements from those who have been drinking, or are emotionally volatile.
If you have been falsely accused of domestic violence, you cannot trust the court system, on its own, to reach a proper conclusion. An arrest is bad enough, but a conviction can come with lifelong consequences. A criminal record as a domestic violence accuser can cause difficulty with employment, background checks, housing applications, and your right to possess a firearm. Domestic violence prosecutors in Lexington also follow a “no drop” policy, meaning they will not dismiss a case simply because the alleged victim requests it.
So what do you do if you have been falsely accused of domestic violence?
- Know and take advantage of your legal rights. Police frequently make mistakes. People can be arrested based on false, exaggerated, or unreliable claims. Everyone arrested has extremely important legal rights that can help minimize the chances of a conviction. This includes your right to remain silent, your right to a defense attorney, your right to obtain police reports, witness statements, body cam footage and other materials through pre-trial discovery, and your right to a fully contested trial where the government must prove you guilty beyond a reasonable doubt. Hiring a lawyer can give you access to the experience, knowledge, and resources you need to take full advantage of your rights.
- Understand and comply with your bond conditions. Standard bond conditions in South Carolina will prohibit you from leaving South Carolina without court permission. This includes work travel. You also may have a restriction against returning to the “incident location” even if that is your home. You also may have a restriction against any contact, whatsoever (called a no contact order), with the alleged victim. Violations can subject you to re-arrest, revocation of your bond, or other penalties assigned by the court.
- Do not speak with the police without a lawyer. Many people think that the police are there to help them and will understand their side of the story, even after being arrested. This is not how the criminal justice system works. Anything you say to the police can and will be used against you. This is even over the telephone. We have seen many examples of people have made their case significantly worse by calling or talking to the police after their arrest.
- Gather witness information. If there were third-parties present who know what did or did not happen in your situation try to gather their name and contact information. Do not violate a no contact bond condition to do so, but if you can collect this information, it will be helpful in your lawyer investigating your case, and organizing and presenting a defense.
- Contact us for a free case evaluation. We represent clients charged with domestic violence in Columbia, Lexington and elsewhere in South Carolina. During that appointment you will have a chance to explain your exact situations and ask any questions you have about South Carolina domestic violence law or applicable court procedures. We can tell you exactly what the process is to help in your case, including steps to challenge false and unfair allegation.
James R. Snell, Jr., a South Carolina criminal defense attorney, has 20+ years of experience in defending clients charged with misdemeanor and felony domestic violence in Lexington, South Carolina. His office is located at 123 Harmon Street, on the corner of East Main Street, across from the Old Mill in downtown Lexington. He is the author of the book, Challenging CDV, written on the topic of domestic violence defense.
To schedule your appointment call us at (803) 359-3301.