Under the Sixth Amendment to the U.S. Constitution, every criminal defendant has the right to a fair trial. Most defendants are not completely sure what a fair trial entails or how to fight for one, and too often, one or more aspects of a trial will be unfair in the eyes of the law.
The risk of an unfair trial is especially high in cases involving domestic violence charges. Domestic violence against spouses, intimate partners, or children is often seen as a particularly disturbing crime, which increases the risk of jury bias or other unfair circumstances during your trial.
If you are accused of domestic violence, the best way to ensure you get the fairest possible trial and your rights are upheld is to hire a trusted and experienced Montgomery criminal defense attorney.
Domestic Violence Cases
There are different charges that defendants face when accused of domestic violence, depending on the specific allegations. For example, first-degree assault or aggravated stalking can result in first-degree domestic violence charges, which is a Class A felony and can mean many years (up to 99 or life) in prison as a maximum sentence. On the other hand, third-degree domestic violence can mean up to a year in jail.
No matter what charges you face for domestic violence, the possibility of jail or prison time is very real. Often, when you take your case to trial, the prosecutor will request imprisonment over probation if you are found guilty. This makes it even more important that you have a fair trial to avoid wrongful conviction whenever possible.
How a Domestic Violence Defense Lawyer Can Help with a Fair Trial
First and foremost, a criminal defense attorney will understand what constitutes a fair trial under the law and steps to take to ensure one. Some of these steps might include:
- Ensure a speedy trial – The law entitles you to a speedy trial to prevent defendants from waiting too long for their case to be resolved. Many defendants waive this right, but if you do not, your attorney can make sure your trial is scheduled in the right time frame.
- Seek an unbiased jury – Your lawyer’s actions during jury selection are crucial to ensure that biased individuals do not make it onto the jury, such as someone who experienced domestic violence themselves.
- Confront and present witnesses – Many domestic violence cases are he-said, she-said when it comes to what occurred, and false accusations are not uncommon. Your lawyer will know how to properly cross-examine witnesses against you, as well as present witnesses in favor of your defense.
These are only some of the many ways an experienced defense lawyer can work to uphold your right to a fair trial. If your trial is unfair, your lawyer can challenge the conviction and request a new trial.
Find Out How a Montgomery Criminal Defense Lawyer Can Help
At Luck Law, LLC, we understand and uphold the constitutional rights of our clients facing domestic violence charges. Contact us online or call 334-262-5455 to speak with a Montgomery criminal defense attorney about your case.
