If you have been accused of domestic violence in East Texas, a domestic violence defense attorney can help to defend your rights.
What Are Your Rights if Accused of Domestic Violence in East Texas? Answers from a Domestic Violence Defense Lawyer
Right to a Speedy and Public Trial by an Impartial Jury
This right makes sure that your case is heard promptly and in a public venue. It guarantees that your case will be heard by a fair and unbiased jury.
Right to Know the Nature and Cause of the Accusation
If you have been accused of domestic violence, you have the right to be informed of the charges. You must be provided with a copy of the charges as well.
Right to Remain Silent
You have the right not to be compelled to give evidence against yourself. This right protects you from self-incrimination and is a cornerstone of due process.
Right to Be Represented by One’s Self or by Counsel
You have the right to represent yourself or to have representation by an attorney. If you have an attorney, you have the right to consult with them privately.
Right to Confront Witnesses
You or your lawyer have the right to cross-examine any witnesses brought to testify against you by the prosecution. This ensures a fair adversarial process.
Right to Compulsory Process for Obtaining Witnesses in Favor
This right makes it possible for the court to compel witnesses for the defense to testify. This is especially important if there are witnesses that would help to support your case but are not willing to speak.
Right to Bail
Bail is a right usually available to defendants in domestic violence cases. There are specific conditions, however, which may make this right unavailable, for example, in some cases of family violence.
Right to Protection Against Double Jeopardy
You may not be re-tried for the same offense after a verdict of not guilty has been rendered.
Right to Protection Against Excessive Bail, Fines, and Cruel or Unusual Punishment
Bail may not be excessive. Fines may not be disproportionately harsh. Penalties may not be cruel or unusual compared to other offenses of a similar nature.
Right to a Writ of Habeas Corpus
Habeas corpus literally means “you have the body” in Latin. A writ of habeas corpus is a legal action used to guarantee the liberty of an individual. Authorities are required to bring a detained person before a court to decide if a detention is lawful or not.
Considerations in Domestic Violence Cases
Protective Orders
A protective order is a court-issued order to protect victims. It may restrict the contact of the accused with the victim or prohibit someone from being in a certain location. A protective order does limit personal freedoms; however, it does not directly infringe on rights related to trial.
Bail Restrictions
If the accused violates a protective order in a family violence case, bail may be denied. The court will consider factors such as relationship history and the potential of the accused for future violence.
Firearm Possession
An accusation of domestic violence does not automatically affect the right to possess firearms. Conviction for certain domestic violence offenses, however, will result in a five-year prohibition from possessing a firearm. In addition, active protective orders may prohibit the possession of a firearm.
If you have been accused of domestic violence, get in touch with Ryan Hill Attorney at Law in Longview, TX.
