As a criminal defense attorney, it is my job to walk my clients through every step of the legal process offering them my professional advice and guidance. But ultimately, the decision-making burden falls on the client. Sometimes, the conversations can be tough. Often clients will maintains their innocence, but also seriously consider a deal because it is a guarantee- something trial is not. This is where the issue lies with the news story I read today. A judge from another state has started sentencing people who plead guilty to or are convicted of Domestic Violence related offense to public shaming. Instead of jail or work release the judge sentences the defendant to stand in front of the court house for a set amount of hours holding a sign that says, “This is the face of domestic violence.” After they have completed the numbers of days the judge sentenced, there sentence is considered served. I thought the reason we got rid of the stocks was because it was cruel and unusual. Granted, people threw things at those confined, so it’s a little different, but it still comes down to the same motivation behind the punishment – public humility.
Weld County Domestic Violence Attorney: What Exactly is a Domestic Violence Offense?
In Greeley, Erie, and Evans, Domestic Violence is not itself a criminal charge. No one is ever just charged with Domestic Violence. Instead, it is a sentence enhancer that can be attached to any underlying crime where the victim and the accused have been or are in an intimate relationship. For example, a boyfriend can be charged with Harassment as an act of Domestic Violence for yelling at his girlfriend and using ‘offensively coarse language.’ Basically, in the heat of an argument, he insulted her by calling her a bad name. She gets mad and wants to get bac at him, so she calls the police. Immediately, in any domestic situation, the Greeley Police make a mandatory arrest for Harassment and enter a protection order preventing the boyfriend from having any contact with his girlfriend.
Greeley Domestic Violence Attorney: Why Public Shaming is NOT Okay
First of all, when people hear the term Domestic Violence, they automatically assume something along the lines of ‘wife beater.’ Now, don’t get me wrong, there are absolutely people who are victims of serious crimes involving Domestic Violence. I am by no means trying to minimize that. It’s just that the majority of the cases we see are not like that at all. In fact, we often have the victim calling or reaching out to us to check up on our client and see what they can do to get the case dropped, citing that the police were called out of anger or revenge.
The greater problem with trying to publicly shame people for something they have pled guilty to is that many times, defendants will plead guilty because they are afraid to lose at trial in Weld, Morgan, and Logan County. So many Domestic Violence cases are he said-she said with no real evidence to confirm or dispute the charges. If the jury finds the victim sympathetic, then a guilty verdict is very possible and prison or jail time is a real sentencing possibility. That is a risk that many are not willing to take – especially when a deal is offered for a deferred judgment or probation with no confinement. Trial is always a risk and some people would rather bet on a sure thing, even if it means taking responsibility for something they didn’t actually do.
If you or someone you love has been charged with a Domestic Violence offense, be smart, exercise your right to remain silent, and contact the best Greeley Domestic Violence attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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