Important Information - Criminal Law

Domestic Violence

Almost any offense committed by one person in a "couple" against the other person in the couple is considered a "Domestic Violence" offense, and the penalties are more severe than other offenses. The most common Domestic Violence crimes are:

• Assault
• Harassment (push, shove, kick)
• Telephone Harassment
• False imprisonment
• Obstruction of telephone communications(hanging up the phone when someone is calling police)
• Criminal Mischief (damaging another's property)

Domestic Violence Restraints & Requirements

In the past decade or so, most police agencies have implemented policies requiring that a party alleged to have committed a domestic violence offense be jailed, usually overnight, and that they not be released until the appear before a judge for the setting of a bond. A part of the bond almost always includes a requirement that the alleged offender not have any contact with the alleged victim. In addition, there can be other restraining orders put in place to deter contact between the alleged offender and the alleged victim - even if the alleged victim does not want those orders in place.

In "domestic violence" cases, the "perpetrator" is often required to attend "domestic violence counseling’ as a condition of any plea bargain or conviction in the case. These classes occur one night per week, for about two hours each time, for 36 to 52 weeks. Only very specific types of plea bargains or complete dismissals of the case can avoid this requirement.

It is important to discuss your case early on with an attorney experienced in handling these very specialized types of cases, such as the lawyers at Miller & Harrison, LLC.

Drug Offenses - Illegal Drugs

Possession and / or sale of “controlled substances” or illegal drugs, often called “street drugs,” is often a target of law enforcement agents and “tough on crime” legislators. Some of these offenses carry mandatory prison sentences. Often the best approach to fighting against allegations such as these is to attack the method the law enforcement officers used to seize the drugs - did they search your home or car without a warrant? Did they use a confidential informant? Did they use inappropriate surveillance techniques?

The type and quantity of drug, the purpose of the activity (manufacture, sale or use), and the criminal history of the alleged offender determine the classification or seriousness of the offense. These factors also impact the prosecutor’s view of the case.

It is important to discuss your case as soon as possible with an experienced criminal defense attorney such as the lawyers at Miller & Harrison, LLC. By discussing it early during the case, the lawyers can learn information from you while it is still fresh in your mind, and can perform any investigation that may be necessary before the trail gets too old.