Reporting of domestic violence acts are on the rise in Minnesota, partly due to a more robust community involvement and a wider net for acts that qualify as domestic violence. But a common pattern has emerged more recently, one which suggests that many charges of domestic violence end up being false accusations.
Won’t The System Protect Me?
Political considerations, pressure from cause-oriented groups and media scrutiny all contribute to the enactment of stricter and far-reaching domestic violence laws. This is theoretically a good thing, and nobody’s going to question the need for protection against abuse in the home. But in practice, many laws and mechanisms to report, prevent and prosecute domestic violence have caused otherwise innocent individuals to be on the receiving end of a highly damaging domestic violence charge.
Erring On the Side of Caution
Perhaps unfortunately, in reports of domestic violence, the system almost always prefers to err on the side of caution. For example, a responding police officer may conduct a warrantless arrest if he has probable cause to believe that you have committed domestic abuse within the past 12 hours. Note that the apprehending officer isn’t required by law to actually witness and be present at the time of the domestic abuse act being committed.
In that example, even the most well-intentioned police officer would prefer to make an arrest instead of risking a more serious crime to be committed after he or she leaves. Another problem that may arise is that even if your accuser chooses to withdraw the false accusation, the prosecution might well ignore them and proceed with the case against you.
In spite, or maybe because, of these erstwhile well-intentioned policies, there has been a considerable increase in false convictions and failed prosecutions. This is unacceptable, especially for those on the receiving end of false charges.
Your Legal Options
Of course, in Minnesota and everywhere else, you as a defendant to a criminal charge still retain your full rights as an accused. Primary of which is your right to legal representation. It is in your best interest to retain the services of a domestic violence defense attorney who is well-versed in the Minnesota legal system. Douglas Kans of Kans Law Firm, LLC is a 15-year veteran of defending the wrongly accused against serious crime allegations including domestic violence.
Over the years, he has vigorously defended domestic violence issues such as:
- Disorderly conduct
- Fear of bodily harm
- Stalking
- Battery
- Assault with a deadly weapon
- Spousal abuse
- Violating a restraining order
- Drug and alcohol related assault
- Harassment
- Terrorist threats
- Sexual Assault / Sexual Battery
- Child abuse
- 911 interference
As your domestic violence defense attorney, he’ll personally take charge of the meticulous preparation of evidence to support your defense against a wrongful charge. As a former state prosecutor, Kans can look at your case with a prosecutor’s eye and identify where possible rights violations have occurred and take action against them.
His courtroom approach is aggressive and proactive, and comes from proven defense approaches that have favorably served his clients in the past. As a result of his continued success, he was named in 2009 as among the elite list of ‘Who’s Who in Criminal Defense’ by the prestigious Minnesota Law and Politics Magazine.
Douglas Kans represents clients throughout Minnesota and the Twin Cities area. Call him today at (952) 835-6314 for a free consultation on your domestic violence charge. You may also visit his official website for more information.
