WEBVTT

1
00:00:00.330 --> 00:00:02.010
Charged with a domestic

2
00:00:02.010 --> 00:00:03.390
violence offense?

3
00:00:03.530 --> 00:00:05.210
Get a defense lawyer promptly

4
00:00:05.210 --> 00:00:07.450
and obey every court order.

5
00:00:07.450 --> 00:00:09.710
A charge is not a conviction.

6
00:00:09.850 --> 00:00:11.550
Here is what to prepare for.

7
00:00:12.550 --> 00:00:13.990
This is a United States

8
00:00:13.990 --> 00:00:14.970
overview;

9
00:00:15.350 --> 00:00:17.030
state procedures and offense

10
00:00:17.030 --> 00:00:18.470
definitions differ.

11
00:00:18.470 --> 00:00:19.990
At an early court appearance,

12
00:00:19.990 --> 00:00:21.670
the court addresses the charge,

13
00:00:21.670 --> 00:00:23.510
counsel, and whether you remain

14
00:00:23.510 --> 00:00:25.110
detained or are released with

15
00:00:25.110 --> 00:00:26.010
conditions.

16
00:00:26.070 --> 00:00:27.590
A plea may be taken at

17
00:00:27.590 --> 00:00:28.250
arraignment.

18
00:00:28.525 --> 00:00:30.625
If you cannot afford a lawyer,

19
00:00:30.845 --> 00:00:32.765
ask about appointed counsel and

20
00:00:32.765 --> 00:00:33.825
eligibility.

21
00:00:33.965 --> 00:00:35.805
Keep your paperwork and attend

22
00:00:35.805 --> 00:00:37.265
every required hearing.

23
00:00:38.250 --> 00:00:39.850
Read every release and

24
00:00:39.850 --> 00:00:41.710
protection order carefully.

25
00:00:41.770 --> 00:00:44.170
If contact is prohibited, an

26
00:00:44.170 --> 00:00:45.690
invitation from the protected

27
00:00:45.690 --> 00:00:47.290
person does not make contact

28
00:00:47.290 --> 00:00:48.250
lawful.

29
00:00:48.250 --> 00:00:49.610
The restriction may include

30
00:00:49.610 --> 00:00:51.610
texts, social media and

31
00:00:51.610 --> 00:00:52.910
messages through friends.

32
00:00:53.305 --> 00:00:55.065
Ask your lawyer to seek a court

33
00:00:55.065 --> 00:00:56.825
change or clarify permitted

34
00:00:56.825 --> 00:00:58.265
arrangements for children and

35
00:00:58.265 --> 00:00:59.245
belongings.

36
00:00:59.305 --> 00:01:01.145
Do not assume reconciliation,

37
00:01:01.145 --> 00:01:02.745
or a different family-court

38
00:01:02.745 --> 00:01:04.585
order, overrides the

39
00:01:04.585 --> 00:01:05.165
restriction.

40
00:01:06.183 --> 00:01:07.623
The criminal prosecution

41
00:01:07.623 --> 00:01:09.483
belongs to the government.

42
00:01:09.623 --> 00:01:10.983
The complaining person can

43
00:01:10.983 --> 00:01:12.823
express their wishes, but

44
00:01:12.823 --> 00:01:14.263
cannot simply cancel the

45
00:01:14.263 --> 00:01:15.003
charge;

46
00:01:15.303 --> 00:01:17.243
the prosecutor may continue.

47
00:01:17.383 --> 00:01:18.983
Never pressure a witness to

48
00:01:18.983 --> 00:01:20.843
withdraw or change an account.

49
00:01:21.288 --> 00:01:22.888
Preserve complete original

50
00:01:22.888 --> 00:01:25.368
messages, photographs and other

51
00:01:25.368 --> 00:01:26.668
lawful evidence.

52
00:01:26.808 --> 00:01:28.088
Give your lawyer the full

53
00:01:28.088 --> 00:01:30.008
context, including anything

54
00:01:30.008 --> 00:01:31.928
supporting self-defense, and

55
00:01:31.928 --> 00:01:33.688
avoid discussing case details

56
00:01:33.688 --> 00:01:34.348
publicly.

57
00:01:35.383 --> 00:01:36.903
Your lawyer reviews the

58
00:01:36.903 --> 00:01:39.223
evidence, possible defenses and

59
00:01:39.223 --> 00:01:40.763
any legal challenges.

60
00:01:40.903 --> 00:01:42.583
The case may involve pretrial

61
00:01:42.583 --> 00:01:45.223
hearings, negotiations, a

62
00:01:45.223 --> 00:01:46.923
dismissal or a trial.

63
00:01:46.983 --> 00:01:48.583
During a trial, the government

64
00:01:48.583 --> 00:01:50.343
must prove guilt beyond a

65
00:01:50.343 --> 00:01:51.163
reasonable doubt.

66
00:01:51.598 --> 00:01:53.438
Do not accept a plea just to

67
00:01:53.438 --> 00:01:55.378
get the next hearing over with.

68
00:01:55.518 --> 00:01:56.878
Understand the rights you would

69
00:01:56.878 --> 00:01:58.478
give up, the agreed terms and

70
00:01:58.478 --> 00:01:59.678
what the judge may still

71
00:01:59.678 --> 00:02:00.178
decide.

72
00:02:01.217 --> 00:02:03.297
After a conviction, possible

73
00:02:03.297 --> 00:02:04.897
consequences can include jail

74
00:02:04.897 --> 00:02:08.197
or prison, probation, fines,

75
00:02:08.257 --> 00:02:09.857
restitution, treatment

76
00:02:09.857 --> 00:02:11.297
requirements and continued

77
00:02:11.297 --> 00:02:12.417
protection orders.

78
00:02:12.417 --> 00:02:13.797
The exact offense,

79
00:02:14.242 --> 00:02:16.322
state law, facts and prior

80
00:02:16.322 --> 00:02:18.022
record affect the outcome.

81
00:02:18.162 --> 00:02:20.082
Ask whether any diversion or

82
00:02:20.082 --> 00:02:21.682
alternative is available and

83
00:02:21.682 --> 00:02:23.042
what completing it actually

84
00:02:23.042 --> 00:02:23.542
changes.

85
00:02:23.902 --> 00:02:25.582
A program, a suspended

86
00:02:25.582 --> 00:02:27.582
sentence, or a misdemeanor

87
00:02:27.582 --> 00:02:29.262
label does not guarantee that

88
00:02:29.262 --> 00:02:30.882
other consequences disappear.

89
00:02:31.883 --> 00:02:34.123
Federal law restricts firearms

90
00:02:34.123 --> 00:02:35.563
for certain protection orders

91
00:02:35.563 --> 00:02:37.243
and qualifying misdemeanor

92
00:02:37.243 --> 00:02:39.183
domestic violence convictions.

93
00:02:39.323 --> 00:02:41.003
State law and your actual

94
00:02:41.003 --> 00:02:42.763
orders can impose additional

95
00:02:42.763 --> 00:02:43.743
restrictions.

96
00:02:43.963 --> 00:02:45.963
It is not decided only by the

97
00:02:45.963 --> 00:02:47.023
name of the charge.

98
00:02:47.478 --> 00:02:49.078
Ask your lawyer immediately

99
00:02:49.078 --> 00:02:50.198
whether possession is

100
00:02:50.198 --> 00:02:51.798
prohibited and how to comply

101
00:02:51.798 --> 00:02:53.318
safely with any surrender

102
00:02:53.318 --> 00:02:54.298
requirement.

103
00:02:54.358 --> 00:02:56.118
Do not bring a weapon to court

104
00:02:56.118 --> 00:02:57.418
to resolve the question.

105
00:02:58.450 --> 00:02:59.970
If you are not a United States

106
00:02:59.970 --> 00:03:02.050
citizen, get immigration advice

107
00:03:02.050 --> 00:03:03.970
before a guilty or no-contest

108
00:03:03.970 --> 00:03:04.790
plea;

109
00:03:05.090 --> 00:03:06.370
consequences may include

110
00:03:06.370 --> 00:03:08.130
removal or problems returning

111
00:03:08.130 --> 00:03:09.170
to the country.

112
00:03:09.170 --> 00:03:10.895
Criminal and family proceedings

113
00:03:10.895 --> 00:03:12.735
can also affect contact with

114
00:03:12.735 --> 00:03:14.835
children or access to the home.

115
00:03:15.055 --> 00:03:16.655
Employment consequences require

116
00:03:16.655 --> 00:03:17.955
a separate check:

117
00:03:18.255 --> 00:03:19.695
an arrest is not proof of

118
00:03:19.695 --> 00:03:21.695
guilt, and legal protections

119
00:03:21.695 --> 00:03:22.435
may apply.

120
00:03:22.835 --> 00:03:24.355
None of these outcomes is

121
00:03:24.355 --> 00:03:26.035
automatic from an allegation

122
00:03:26.035 --> 00:03:26.535
alone.

123
00:03:27.550 --> 00:03:28.450
One:

124
00:03:28.750 --> 00:03:29.710
contact a local

125
00:03:29.710 --> 00:03:31.390
criminal-defense lawyer and

126
00:03:31.390 --> 00:03:33.310
confirm your next court date.

127
00:03:33.310 --> 00:03:34.130
Two:

128
00:03:34.670 --> 00:03:36.530
follow every current order,

129
00:03:36.670 --> 00:03:38.610
preserve the original evidence,

130
00:03:38.750 --> 00:03:40.110
and ask about any safe

131
00:03:40.110 --> 00:03:41.170
arrangements you need.

132
00:03:41.685 --> 00:03:42.425
Three:

133
00:03:42.645 --> 00:03:44.405
check the sentence and wider

134
00:03:44.405 --> 00:03:46.245
consequences before deciding on

135
00:03:46.245 --> 00:03:47.045
a plea.

136
00:03:47.045 --> 00:03:48.805
If an order seems unclear or

137
00:03:48.805 --> 00:03:49.865
inconsistent,

138
00:03:50.165 --> 00:03:51.925
seek legal help promptly rather

139
00:03:51.925 --> 00:03:52.905
than guessing.

140
00:03:52.965 --> 00:03:54.405
If someone is in immediate

141
00:03:54.405 --> 00:03:56.405
danger, call emergency

142
00:03:56.405 --> 00:03:57.065
services.

143
00:03:58.083 --> 00:04:00.423
For general legal information,

144
00:04:00.723 --> 00:04:02.483
Legal Hotline’s United States

145
00:04:02.483 --> 00:04:04.103
number is on screen.

146
00:04:04.163 --> 00:04:05.603
Read the full answer and

147
00:04:05.603 --> 00:04:07.043
official sources at Legal

148
00:04:07.043 --> 00:04:09.203
Hotline dot com, with a hyphen

149
00:04:09.203 --> 00:04:11.143
between Legal and Hotline.

150
00:04:11.203 --> 00:04:12.823
This is an information service,

151
00:04:13.168 --> 00:04:14.468
not a law firm;

152
00:04:14.688 --> 00:04:16.608
lawyer matching is separate.

153
00:04:16.608 --> 00:04:18.528
Your defense needs advice about

154
00:04:18.528 --> 00:04:20.688
your actual charge, state and

155
00:04:20.688 --> 00:04:21.428
circumstances.