A same sex California domestic violence conviction can yield severe consequences. Because California is so strict with domestic violence offenders, regardless of their sexual orientation, it’s critical to contact a skilled California criminal defense lawyer immediately after an arrest to protect the suspect’s rights during questioning. An experienced attorney from the Kavinoky Law Firm knows how to effectively do just that. The attorney will help ensure that only appropriate questions are answered and that the answers given are in the best interests of the accused.

When arrested on any criminal charge, the arrested party has the “right to remain silent” so as not to incriminate oneself. This is commonly referred to an individual’s “Miranda rights”. Miranda rights are supposed to be read to anyone that the police question during a custodial interrogation. A custodial interrogation means that the individual being questioned doesn’t feel free to walk away or leave during the questioning. Miranda rights basically inform the suspect that he or she has the right to remain silent and that any words spoken may be used against him or her as evidence of guilt at trial.

Exercising one’s right to remain silent or to obtain legal counsel, on the other hand, cannot be held against an accused in court. When an officer begins questioning the suspect, it is crucial that the suspect politely informs the police that he or she will not make any statements until his or her criminal defense lawyer is present. Because California takes intimate partner abuse so seriously, having an experienced criminal lawyer protecting the suspect’s rights during questioning can make all the difference in the outcome of the trial. In addition, there are unfortunately still many homophobic law enforcement officers out there who may be hostile towards the arrested individual who is involved in a gay or lesbian domestic dispute. A well trained attorney knows how to intervene during questioning to make sure that his or her client does not answer any questions that will only elicit incriminating responses, will ensure that the officer behaves appropriately and also knows how to make sure that the client’s side of the story is told.

Although Miranda rights advise a suspect that any statements that he or she makes from that point on may be used against him or her, the fact is that any previous statements made by the suspect may also be used against the individual in court. One of the most important things that a suspect can do is to remain silent from the moment the police arrive. Assume that everything is either being audio taped or recorded on video even if there is not a visible recorder. Many times police have undetectable microphones and/or video recorders and everything that a suspect says or does is recorded. Remain silent at all times, even if there is no one else around, until an attorney is present.

California’s intimate partner violence laws used to be charged only when there was a dispute between married couples or between the heterosexual parents of a child. However, California now punishes abuse that takes place between any intimate partners, which includes homosexual couples that have been civilly united, those who have children together, those who are dating or who were formerly dating and those who live together or who used to live together. It is the very nature of these intimate relationships that can give rise to highly charged, emotional disputes that can, unfortunately, sometimes spiral out of control. It is imperative that when this happens, the accused hires a competent attorney who can immediately begin defending him or her during an interrogation. A qualified, experienced attorney from the Kavinoky Law Firm will guide the defendant through all phases of the criminal court process and will make sure that his or her client is treated fairly during questioning and that his or her best interests are protected during that questioning. Contact the firm today for a free consultation.