When someone is arrested for CDV it can be a confusing and difficult experience. The charge frequently can come as a shock as the person arrested by the police may have never been through the criminal justice system before.
Although the penalties for a South Carolina CDV conviction are severe, there are options available to help anyone fight their CDV arrest. At the Law Office of James R. Snell, Jr., LLC, we help people with cases in Lexington, Columbia and all surrounding areas fight their CDV arrest.
Although every case and every defendant is different, there are some basic steps that we undertake in nearly all CDV cases. This includes:
1. Notifying the Court, police and CDV prosecutor that our client is contesting the charge. This is done in advance of the initial Court appearance to help our client avoid a fast conviction or otherwise pressured into a guilty or "no contest" plea in CDV Court.
2. Serving motions on the Court to obtain pre-trial discovery necessary to evaluate the case. This results in the police or prosecutor providing copies of all police reports, witness statements, photographs and any audio or video recordings made as part of the case.
3. Determining if seeking modification of any no contact bond order is appropriate for our client. If so we file the necessary motions with the Court and request our client at a bond modification hearing.
5. Interviewing any necessary witnesses. This may include our defendant's spouse, arresting police officers, neighbors or anyone else present prior to or during the arrest.
By taking the appropriate steps at the beginning to fight the CDV charge case we can position our client's to have the highest chance of success. Simply because someone has been arrested for a South Carolina Domestic Violence charge does not mean that they must be ultimately convicted by the Court.
