Dallas Domestic Violence Charge against Judge Carlos Cortez Demonstrates National Trend
The Dallas domestic violence case involving Judge Carlos Cortez is a good example of the national trend in police investigations in domestic violence cases. If the police are called to as scene and there is an accusation of domestic violence then the great majority of the time a arrest will be made. That is the policy of all police agencies. “Probable cause” is a very low standard of proof and is easily made if a citizen accuses another of abuse.
An arrest for domestic abuse does not mean there is sufficient evidence to obtain a conviction. If the domestic abuse charge is a felony then the case must go through a grand jury before the case moves forward to a district court. A criminal lawyer may be allowed to submit a packet or evidence to a grand jury for their review before deciding whether to indict a case. This is often the best method to try and stop a criminal case from moving forward.
If the accusation is a misdemeanor domestic violence charge the case is directly filed with the district attorney’s office. The police are some times open to dropping a criminal charge before it goes to the district attorney’s office. This depends on the unique facts of the case. If the accuser has immediately contacted the detective and requested the case be dropped there is some hope the case will end there. More often the detective will file the case with the district attorney’s office and let prosecutors make the decision on going forward with prosecution.
If you face a Dallas domestic violence charge you should consult with an experienced criminal attorney who can advise you of your rights and how the case will proceed. Aggressive action at the beginning of a case may prevent the case from moving forward.