Domestic violence claims are very common in today’s society. They can result from a minor verbal fight or from a non-verbal action made in the spur of the moment (an action perceived as a threat). Either way, the implications of domestic violence charges are serious.
Once a 911 call is placed, there is no turning back. The police show up at the residence, arrest one or both of the persons involved, and then submit the case to the District Attorney’s office for possible prosecution. Once the police show up, it usually does not matter if the victim recants the allegations—it is now likely that the prosecutor’s office will file serious felony or misdemeanor criminal charges.
The problem with a victim’s recantation is that it is often not accepted by the prosecution. Even if the victim refuses to testify at trial, the state may be able to use the 911 tape as evidence (if the alleged victim called 911) in order to attempt to have the accused be found guilty. The United States Supreme Court has held that the 911 tapes are admissible, despite the victim not testifying, because they are non-testimonial statements gathered in an emergency situation. Though case law is not entirely clear, it seems that a conviction could stand based on the 911 tape and other evidence, despite the persistent recantation of the charges by the alleged victim.
Because of the complexities in domestic violence law and the sensitive nature of the cases, it is important to hire and attorney with domestic violence knowledge and expertise. The attorneys at Wallin & Klarich have over 30 years of experience in handling California domestic violence criminal defense. We are aware of the complexities involved in domestic violence criminal cases and work diligently to provide the best possible defense for our clients. Our attorneys can be reached by phone at or through our website at www.wklaw.com. We will be there when you call.
