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January 24, 2015 Joshua Schiffer

Wrongful Allegations

“But that’s a Lie!!” is a common refrain in my office.

Unfortunately the officers who were called out to your incident are not there to judge truthfulness.  They are dispatched to “protect and serve,” and most of the time that means they are charged with determining any alleged law breakers they encounter and then arresting them.  “Let the Courts sort it out” is how officers are trained to deal with contentious factual issues.

That leaves you in the hole.  Merely being charged with a crime, for many people, is the same as a conviction.  A conviction that can chase you for the rest of your life with the label of “beater” or “abusive.”  We will talk about how to deal with wrongful arrests elsewhere, but right now you need to preserve your defenses and prepare for immersion into the complex labyrinth that is our Criminal Justice System.

First off is to realize that you are alone.  Your closest friends and associates may not be the people you need advice and guidance from.  They have almost certainly not experienced what you are going through, and while their intentions may be the best, their advice can be irreversibly damaging.  Remember, the Founders of our great nation gave you the right to remain silent in the 5th Amendment.  I almost always advise people to use it.  Anything that needs to be said can be put forward at a later time, in front of the people that matter.  The police and court staff not responsible for your case do not want to hear the facts as you allege.  Their job is not to defend you or give you counsel, their advice is to move the case along.

Similarly, it can be very difficult to trust the words of the person who you are accused of harming.  Sometimes their intent is clear, often it isn’t.  IT also may be a violation of your bond conditions to have ANY contact with the alleged victim, and violation of a special condition of bond can leave you with no bond in the county jail.  That is not a risk worth taking.

You need advice as well as clear, unbiased, reasonable, criminal defense advocacy.  Someone who has handled thousands of these types of cases across the region.  Someone who is not your Divorce Lawyer moonlighting in Criminal Court. Josh Schiffer has spent years handling domestic violence cases of all types and we encourage you to Google him for some of his reviews.  You can always call 404-842-0909 for a complimentary consultation and we look forward to speaking with you.

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