This is the next post in our series on handling domestic violence charges in Boston, Massachusetts. Our last article dealt with the process of claiming self-defense in domestic violence cases. The important takeaway from the last post is that, even if one were to be arrested for attacking their significant other, they might be found “not guilty” if they were acting in self-defense. When using a claim of self-defense, it is important to understand that the facts of the case will determine if you were allowed to defend yourself. If you have been arrested for alleged domestic abuse, you should speak with a lawyer. In this post, we will be discussing another important topic, the domestic violence trial process. If you need assistance, contact our firm today to speak with an attorney.
What one should expect when going to trial for domestic violence in Boston, Massachusetts
Massachusetts Courts will allow a domestic violence case to be heard from either a Judge or a jury. When the opposing sides are in Court, each side will begin with their opening statements. The prosecutor will present their evidence and the defendant’s lawyer will refute the evidence and introduce their own. Witnesses can be called and questioned on the stand as well. At the close of all evidence, the attorneys will give their closing statements to the Judge or jury. If there is a jury, they will go to a backroom and deliberate. Once the jury has reached a consensus, they will deliver their verdict to the Court. If the jury agrees that the defendant is guilty, then he or she will be convicted. However, if the jury comes to the consensus that the defendant is not guilty, then the case will be over. But, if the jury could not agree on a finding, then the matter will end in a mistrial and the defendant can potentially be retried. If there is no jury, the Judge will issue the verdict themselves.
Following proper procedure is expected in Boston domestic violence trials
However, just knowing the procedure for a trial is not enough to help win the case. Judges expect proper procedure to be followed while in the courtroom and when presenting evidence. If an attorney were to not properly follow the procedure with evidence, that evidence would not be admitted in the Court. Not being able to present evidence in trial would be devastating to the case. Contrary to popular TV shows, cases are generally won through the compilation of evidence and not by last second, surprise evidence. As such, not following procedure and having your evidence excluded from the trial would be very bad for your case. It is highly recommended that you retain an experienced lawyer who is familiar with the procedures of the courtroom to assist you.
When facing the prospect of trial, retaining an experienced attorney is one of the best solutions for you. By obtaining legal counsel, you will improve your chance of following the necessary procedures for the Court to hear your evidence. If you are facing trial on a domestic violence charge, contact our Boston law firm today to speak with a lawyer today. Our firm also handles cases for Massachusetts residents in the Middlesex County cities of Cambridge, Lowell, Somerville, and Newton, as well as those in the cities of Worcester, Brockton, Quincy, and Lynn.