I have seen a number of people charged with Domestic Violence who have already entered guilty pleas in their case.  They didn’t think it was a big deal.  It is.

Domestic Violence is a serious issue in our society.  Many times these instances should never have been brought to court.  In these cases, there is often an argument between people who live together.  The situation may have escalated to shouting and even slight contact without punching or hitting.  The neighbors may have heard the argument and called the police just to be safe.  When the police arrive, they are forced to act on their arrest policy – someone will be arrested and taken to jail, even if there is little or no evidence of a fight.  Lots of times, the so-called “victim” doesn’t want to pursue the case at all.

The person charged will sometimes plead guilty without every contacting an attorney, because they think it’s “not a big deal”.  The prosecutor’s office staff will tell the victim that the person probably won’t go to jail, and will just get some counseling for anger management.

What they don’t realize is that even if there is no jail sentence, the other requirements can be ominous.  The court will place the person on probation and order an assessment for anger management or domestic violence counseling with a recognized facility that works regularly with the court.  It is very, very rare for my law firm to have a client undergo an assessment and NOT need counseling.  In other words, everyone who is assessed is likely to “need” counseling.  These counseling programs often last 26 weeks.  They require weekly group sessions.  The defendant has to pay for the counseling, which can be costly.  The counseling program reports directly to the probation department.  We have seen probation violations when someone misses just one session.  Then the person faces a potential jail sentence based on a probation revocation proceeding.

These programs are a valuable part of the system.  But we must go in with our eyes open and fully understand the requirements, costs, and potential consequences.  In many cases, we are able to find viable alternatives.  Not everyone has to plead guilty and face these consequences.  We routinely work with private providers who can meet and counsel a person.  Through negotiations with the prosecutor, this alternative is often sufficient to satisfy the court that the relevant issues are being addressed.

BUT,  this has to happen before a person enters a guilty plea.  It is imperative that people retain a competitive defense attorney as soon as possible.  Then the case can be handled properly from the beginning.

The person who does not contact me after pleading guilty has a difficult hurdle to overcome.  They are already on probation, already required to do the counseling, and may even be facing probation violation proceedings.  Options are limited.  I can try to modify the sentence or modify the terms of probation.  Sometimes the only option is to try to withdraw the guilty plea and start over.  This is not automatic, and there are specific legal standards that govern the process.  In short, courts like finality.  And starting over is frowned upon.

There are other long term consequences to a domestic violence conviction.  Such a charge can never be expunged or sealed.  And it will prevent other unrelated charges from being expunged or sealed.  A domestic violence conviction can preclude someone from possessing a firearm under the Brady Bill.  If you are a sportsman with a domestic violence charge, you can not carry a rifle during hunting season. With this charge a person can be precluded from certain professions, such as daycare, law enforcement, military, and teaching.

Bottom line: CALL AN EXPERIENCED criminal defense attorney as soon as the case begins. I have received calls before the police arrive at the scene.  Even if the case seems like it is “no big deal” it can turn out to be a long term nightmare.  Put my moblie phone number into your phone:   (513) 260-2099. Hopefully you will never have to make that call. But, if the need arises, I can help you.

Scott A. Rubenstein, Cincinnati Attorney at Law