About Domestic Violence Cases

Kansas Domestic Violence Defense Lawyer James L. Spies

The challenges you face in overcoming a domestic violence charge are numerous and complex.

That makes choosing an attorney who understands the seriousness of the charge and will fight vigorously to defend you and your rights all the more vital.

As a former prosecutor and a criminal defense lawyer, I have tried all types of cases at both the state and federal levels. As a result, I have the experience necessary to protect my clients' rights in their domestic abuse cases.

Society has a strong intolerance for domestic violence. While that intolerance is understood, it creates an overwhelming obstacle in getting a fair trial. Prosecutors are unyielding in plea offers and stand firm on the domestic violence charge. In my practice, I use my experience as a prosecutor and a domestic violence defense attorney to help my clients fight the charges against them.

Even if your accuser makes a false accusation that resulted in your arrest and later recants their statement, your problems will not disappear. After someone files domestic violence charges against you, the prosecutor takes over the case and decides whether to drop the charges or proceed to trial. Many prosecutors take a "no-drop" policy and refuse to drop the charges, regardless of the victim's request to do so.

Recent U.S. Supreme Court decisions have provided criminal defense attorneys the tools needed to more adequately protect a defendant's right to confront the witnesses against them. Often alleged victims make statements to law enforcement officers in the heat of the moment that prosecutors will try to use to prove a defendant's guilt.

In the past, courts would allow these statements even if the complaining witness was not present in court. Now, in most cases, the testimony is only allowed in court if the defendant has had the opportunity to cross-examine the witness in court. Only a seasoned criminal defense attorney can adequately defend you and protect your rights in court.

For more information on defending against a domestic violence charge or to schedule an appointment with an experienced criminal defense lawyer, please contact me today.