Does my daughter need a lawyer for a first time domestic violence charge? 12 Answers as of August 14, 2013

Daughter has never been in trouble before this. She was released on her own recognizance. She was arrested for domestic violence and criminal trespassing. She has a court date on 7th of August. She was never read her rights so the public defender does not give information.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes she needs a lawyer. There are thing that could be worked out so that she ends up with no record.
Answer Applies to: Michigan
Replied: 8/14/2013
Universal Law Group, Inc. | Francis John Cowhig
Domestic violence can carry a potential jail sentence of 1 year or more, depending on whether it is filed as a misdemeanor or felony. She needs an attorney. With regards to her rights not being read, although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest or the charges.
Answer Applies to: California
Replied: 8/14/2013
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
Yes. She needs a lawyer to fight the charges.
Answer Applies to: California
Replied: 8/14/2013
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
Yes. These charges should be taken seriously. If she cannot afford a lawyer,she might be entitled to a public defender but this depends on the precise charges against her.
Answer Applies to: New York
Replied: 8/14/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Absolutely. A DV conviction has life-long consequences.
Answer Applies to: California
Replied: 8/14/2013
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Your daughter should absolutely have an attorney. Domestic violence is a very politically charged crime in MA and very rarely gets dismissed unless her attorney knows how to use her constitutional rights to assist her. She will have no idea how to proceed and the DA's job is to convict her. She needs a lawyer on her side to protect her rights.
    Answer Applies to: Massachusetts
    Replied: 8/14/2013
    Gates' Law, PLLC | Thomas E. Gates
    She does need an attorney. She needs to try to remove the "DV" from the assault charge.
    Answer Applies to: Washington
    Replied: 8/14/2013
    Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
    Yes! Your daughter needs an attorney there are many considerations to a Domestic violence charge and a conviction can impact your daughters ability to rent an apartment, own firearms, and potential parental rights (if there ate children). It sounds as if she is being represented by the public defender. Public defenders are attorneys, and good attorneys at that. Sometimes high case loads restrict their ability to talk about a case. Your daughter should find an attorney that she is comfortable with and has the time to dedicate to the case.
    Answer Applies to: Colorado
    Replied: 8/14/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, she needs an attorney and has one if she is satisfied with a public defender. If she is not she should hire her own counsel.
    Answer Applies to: Michigan
    Replied: 8/14/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    She needs to get a lawyer and fight the allegations.
    Answer Applies to: Nebraska
    Replied: 8/14/2013
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    She should plead not guilty and consult with an attorney.
    Answer Applies to: Florida
    Replied: 8/14/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney