It is a fact that innocent people are arrested and charged with CDV. There are many reasons for this. Sometimes a wrongful arrest is based on false allegations made by an angry partner. Othertimes it is the result of an ineffective police investigation. Regardless these cases present special challenges, and opportunities for a CDV defense.
The penalties for a CDV conviction are the same if you are truly guilty or if you are innocent. One mistake some people make who are innocent of the charge is to believe that they can report to the first Court date listed on their ticket and simply explain their side of the story to a judge. They think that if they are not guilty then there should be no reason to prepare a legal defense or hire an attorney. This often times does not work. The Court system is overloaded with guilty people also proclaiming innocence, and if the evidence observed by the police were enough to substantiate the arrest it is likely that the same evidence testified by the police in Court will be enough to subject the defendant to a serious risk of a guilty verdict. For this reason it is critical that whenever an innocent person is arrested for CDV it is just as important, if not more so, for them to consult with a lawyer before making any decisions about their case or reporting to the CDV Court.
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