Domestic violence investigations in Omaha are relatively standard as far as law enforcement is concerned. First, police will respond to a 911 call, figure out what happened, investigate and talk with the victim, take pictures of any injuries, get the victim’s statement of what happened, and maybe get a statement from any other witnesses.
Once law enforcement has an understanding of what they think occurred, they will try to confront the defendant, get a statement, and continue the investigation. An experienced defense lawyer from Berry Law can explain how domestic violence investigations are handled in Omaha.
How Does Law Enforcement Determine the Primary Aggressor?
Determining the primary aggressor in a domestic violence situation can be very tricky because there are likely no witnesses. Officers may have little information to go by, and it can quickly turn into a “he said/she said” case. Typically, the person who called 911 is not determined to be the primary aggressor, but that is not always the case.
It is important to note that the identity of the primary aggressor is not always necessarily gender-based. Roles can be reversed. However, if someone only has a couple of marks and the other person has very serious injuries, the former is likely to be arrested because it is presumed that the one with the fewest marks is the primary aggressor.
Lack of Witnesses
Domestic violence investigations are different from other criminal investigations due to a lack of witnesses and supporting photographic or video evidence. Most domestic violence incidents occur in the heat of the moment and happen very quickly when compared to a fairly common DUI case, for example, which can be caught entirely on film from start to finish.
Domestic violence cases that lack witnesses can be difficult to prosecute because they become “he said/she said” cases with pictures of injuries. There is no other way to corroborate what happened when there are no recordings or other people who saw what happened.
Rights of the Accused during a Domestic Violence Investigation
A person accused of committing domestic violence maintains the same rights as someone accused of any other crime. The same Miranda warnings, such as the right to remain silent, to not incriminate themselves, to an attorney, or to have an attorney appointed if he or she cannot afford one all apply in domestic violence cases.
These rights can be very important in “he said/she said” cases that come down to each party’s version of events. Typically, a defendant can help their attorney by not making a statement when first interrogated.
The Importance of an Attorney in Omaha Domestic Violence Investigations
It is important to have experienced criminal defense lawyers on your side during every step of a domestic violence investigation. The goal here is to not give a statement and to not incriminate yourself. It is important to make the State prove the case.
It may prove beneficial to have qualified legal counsel at every step of the legal process, including during the investigation . For more details on domestic violence investigations in Omaha, reach out to Berry Law today.