Why You Need a Domestic Violence Attorney

As an experienced domestic violence attorney, Martina A. Vigil represents those accused of domestic violence. There are many times where a misunderstanding has occurred or a situation escalates out of control, and one party is accused of abusing the other.  These charges are serious and require expert legal advice in order to navigate through the court system and ensure that your rights are protected.

In the state of California, violence against a family member, spouse, child, or significant other has more serious consequences than violence against the average person. The law has also been updated to include former spouses and cohabitants.  In other words, if you get into a physical altercation with an ex-girlfriend or boyfriend you could still be charged with domestic violence even if the relationship ended a long time ago.  Many people are unaware of this revision to the law and surprised when charges are brought against them. 

Another reason you may need a domestic violence attorney is if you have children.  According to Family Code 3044, the courts are required to assume that giving some form of custody to the perpetrator of domestic violence is detrimental to the child.  This means that if you are charged and convicted of domestic violence, you may lose custody of your children.  A skilled attorney can argue the merits of your case with the goal of getting the charges reduced or eliminated so that you can continue to see your children or maintain your current custody situation. 

Being charged with a crime can be a frightening experience for anyone, even more so when it involves family and the home situation.  These charges can prevent you from returning to your residence due to a restraining order, from seeing your children, and going about life as usual.  One mistake can transform your entire life in the span of hours.  Fortunately, we can help.

If you have been charged with domestic violence don’t assume that the charges will go away once you and your partner have calmed down.  Instead, get the representation you need in order to fight the charges so that your life can be protected and restored.  This is extremely important as most prosecutors in California will proceed with the case, even if the alleged victim of abuse recants their story.  Many counties also impose mandatory jail time, regardless of whether or not you are a first-time offender, which can interfere with work obligations.  In order to protect yourself, call the Law Offices of Martina A. Vigil, PC either from jail or immediately after being released on bail.  Starting early is important for being able to locate any witnesses and to build a strong defense. 

As a domestic violence attorney, Martina A. Vigil works diligently to build a defense that is based on the facts, witness testimony, and character witnesses.  Proving that this was an isolated incident is important, especially when dealing with custody issues.  The more time Ms. Vigil has to interview people and prepare for court, the better your chances will be of having the charges reduced or dropped.

A Criminal Defense Attorney Will Protect Your Rights

If you have been charged with a crime, a criminal defense attorney can help. It is imperative that you hire the right attorney because a criminal charge and conviction can impact the rest of your life.  Your freedom can be taken away, and even minor convictions can hurt your job prospects and ability to maintain custody of your children.  This is not a risk worth taking.

Under our legal system you have the right to a public defender.  Many of these lawyers are passionate about their job and defending people’s rights. The challenge is that they are typically overworked and have a huge caseload. This does not provide them with the luxury of time to investigate the facts of your case and to build a strong defense. The result is that many public defenders will negotiate a plea deal on behalf of their clients instead of fighting the charges altogether. 

You don’t have to settle your case if you are innocent.  An experienced and aggressive criminal defense attorney can fight for your rights, your innocence, and your freedom.  The Law Offices of Martina A. Vigil are experienced with all types of criminal cases.  We understand the effort and dedication it takes to mount a strong legal defense and work with our clients every step of the way to present the strongest case possible. 

If you are arrested, it is important to remember your right to stay silent and your right to an attorney. If you invoke your rights, the police cannot ask questions without your attorney present.  This will ensure that you are not a victim of entrapment or a coerced confession.  These activities still happen today and the only one that can protect you is your attorney.  What you say in holding, in jail, or during an interview can and will be used against you in a court of law.  Do not trust anyone outside of your legal counsel.

Once retained, we will represent you at your bail hearing and try to get you out of jail quickly pending trial.  This will allow you to spend your time at home preparing for your court case.  We will ask a lot of questions to find out all of the details surrounding the events leading up to your arrest.  This is important because it allows us to launch our own investigation that is separate from the one conducted by the police.  We will gather our own evidence, interview witnesses, and build a case that we can use as an argument to what the state will say when prosecuting you before the judge.  Anyone that you can think of that can help confirm your version of the facts is important for us to speak with. 

As a criminal defense attorney, we understand that everyone’s financial situation is unique and many people have not saved up for this type of a case.  There are several ways to pay for your defense, so please don’t let money prevent you from calling us.  Contact the Law Offices of Martina A. Vigil at (714) 543-5840 to get the help you need in order to stay free.