Being in a relationship means you’re probably going to have your fair share of disagreements and maybe even some heated arguments. It’s pretty normal – people are different, and sometimes you clash. But here’s the thing to keep in mind: domestic violence charges don’t necessarily need concrete evidence to be brought against you. It’s not about whether you yelled at each other; it’s about how far things went. Even if you had a blowout argument, it doesn’t automatically mean you’re guilty of domestic violence.
So, if things ever get really heated, it’s a good idea to find a way to cool down and communicate better rather than ending up in a legal mess, or you may find the cops at your door because the neighbors called in all the yelling they heard coming from your house. And if the cops think you even might have laid a hand on your partner, you’re likely going to get arrested. It’s crucial to be aware that the legal system takes this stuff seriously.
Why am I being arrested when there’s no proof I did anything?
In Maryland, the deal with domestic violence is that you can get arrested even without hard evidence right there on the spot. If a police officer has a good reason to think that someone in a domestic situation got physically hurt, they can make an arrest without needing a warrant.
According to The People’s Law Library of Maryland, the Md. Code, Criminal Procedure §2-204 states:
In situations involving domestic abuse, a police officer may make an arrest without a warrant if:
- The officer has probable cause to believe that:
- the abuser battered their spouse or someone they live with;
- there is evidence of physical injury;
- the officer believes that if the abuser isn’t immediately arrested, the abuser may:
- cause injury to another person or damage property;
- not be apprehended; or
- tamper with or destroy evidence.
- The incident was reported to the police within 48 hours.
This law is a precautionary measure to protect potential victims, and it’s essential to take domestic violence seriously, but it also highlights how important it is to handle these situations responsibly and fairly.
Okay, I’ve been arrested, but they can’t charge me with anything, right?
Well, about that. You can actually get slapped (no pun intended) with a domestic violence charge even if there isn’t rock-solid evidence staring everyone in the face. It’s because of something called “probable cause.” If a cop thinks there’s a pretty good reason to believe that someone in a domestic situation got physically hurt, they can make an arrest without needing hard evidence right then and there. This could be because they see signs of injury, they’re worried the person might hurt someone else or take off, or if the incident was reported to the police within 48 hours. It’s a way to err on the side of caution and protect potential victims. But remember, it doesn’t mean you’re automatically guilty – it just means they’re taking the situation seriously and looking into it further.
Once you’re arrested, that police report could be brought to a prosecutor, or someone else (like your spouse) could bring charges against you to the commissioner. Once a prosecutor gets a hold of your report, they can bring domestic violence charges against someone even when there’s not a mountain of evidence stacked up. It comes down to the burden of proof, and their job of proving a case “beyond a reasonable doubt.” See, they might not have all the hard evidence right at the start, but if they believe they can convince a jury that you’re guilty, they can go ahead with charges. They’ll often rely on things like witness testimonies, 911 calls, or the alleged victim’s statements. But keep in mind, just because they bring charges doesn’t mean you’re automatically guilty. It’s still up to them to prove it in court, and that’s where your defense comes into play. So, if you ever find yourself in this situation, having a skilled Annapolis defense attorney can make a big difference in how things play out.
If my spouse recants his/her accusation, that’ll fix things, right?
When it comes to dropping charges in a criminal case, it’s not as simple as the accuser calling the shots. A common misunderstanding is that someone can start the process to drop domestic violence charges in Maryland anytime they want, but that’s not the case. If a couple gets into a fight, charges get filed, and then the accuser decides they want to drop the charges, they might be surprised to find out they can’t just make it disappear. That’s because once an assault happens (or is reported to have happened), it’s considered breaking the law in Maryland, and it’s the state attorney’s office that takes over regarding criminal charges.
So, even if the accuser feels sorry for the person or wants to work things out and tries to drop the case, it’s ultimately the prosecutor’s call. There are instances where if the situation isn’t too serious and the accuser doesn’t want to pursue it, the prosecutor might let it go with some conditions, like anger management, an alcoholics anonymous program, or counseling. But the bottom line is, the final say on dropping charges rests with the prosecutor, not the accuser.
All this goes to show that if you find yourself in this situation, the best thing you can do for yourself is getting an experienced and proficient defense attorney on your side. Domestic assault cases are tricky, complex, and serious matters that demand skill, experience, and knowledge to navigate successfully. If you’re facing domestic assault allegations, even if there isn’t solid evidence against you, it’s essential to take action promptly to safeguard your rights and liberty.
Fortunately, an Annapolis domestic assault defense attorney from Drew Cochran, Attorney at Law, is here to provide the assistance you need, precisely when and where you need it. With an additional office in Ellicott City, I’m fully equipped to tackle your significant legal issue. Don’t wait; schedule your consultation today by calling or by using our contact form.
