Domestic Violence and Confessions and Admissions
At the Orange County Law Office of David P Schwarz we have dealt with many domestic violence cases where confessions and admissions were excluded and the client prevailed. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at firstname.lastname@example.org.
A domestic violence lawyer is very important to defending you in event of a confession coming forth during the interrogation of police offices. It is an always changing area of the law Even after more than five decades of litigation concerning the admissibility of out-of-court statements given by suspects to police during interrogation, the manner in which confessions are secured remains one of the most controversial subjects in American constitutional law. Additionally, despite the heavy regulation surrounding confessions, they continue to be an important factor in solving crimes and convicting criminals.
A domestic violence lawyer will assist his client in clarifying what a confession is verse what an admission is. Confessions and admissions are both types of statements by criminal defendants to police officers. A confession is generally defined as a defendant's statement that includes all the elements of the crime, and thus all the facts necessary to establish the defendant's guilt. But it is inaccurate to characterize a confession as an extrajudicial guilty plea, since unlike the entry of a guilty plea, the admission of a confession does not withdraw the issue of guilt or innocence from the trier of fact. The defendant remains free either to challenge the evidence that he or she made the confession or to demonstrate that the confession is not true.
A confession in a domestic violence case relies heavily on the Miranda warnings used by police to elicit information from a potential defendant. The Court now relies on the Fifth Amendment privilege against self-incrimination in Miranda v. Arizona. In recent years, however, the Court has returned to the right-to-counsel theory as a means of deciding certain cases not amenable to easy resolution under Miranda.
At the Orange County Law Office of David P Schwarz we have defended many clients who have made statements to police during a domestic violence investigation. We have provided the proper defense to the police that makes any statement less impactful to the police report or to the judge.
A domestic violence attorney will make sure that any statement made such as an admission that is a statement that may incriminate the defendant but either fails to admit every element of the offense or contains facts that amount to a claim of mitigation, justification, or excuse is dealt with with the utmost care and defense. For most practical purposes at trial the distinction is not significant. there was an important difference between the two with regard to the standard of review on appeal; however, that is no longer the case.
At the Orange County Law office of David P Schwarz we are very experienced attorneys who can handle many domestic violence issues relating to statements made by defendants during a police investigation. Please contact my office at 949 735 9266. We can also be contacted via the web.