Lisa Pelosi: In every case, not only domestic violence, the most important issue is contacting the attorney immediately. Sometimes clients think let me go to court by myself and see what’ll happen, maybe I don’t have to pay my lawyer. The biggest misconception of clients is that they should just wait to decide if they should get an attorney, but it’s my very professional opinion that the sooner one lawyers up the better the result of the case will be. Mostly because of statements that detectives take and often times they’re illegal, but they do it anyway.
Clients are left allegedly making statements. It’s much cleaner for a client to not make any statement at all so then there’s no gray area or mischaracterization of what they said.
Attending Counseling Sessions or Anger Management Classes Is a Mitigating Factor in a Domestic Violence Case
Interviewer: What about counseling or anger management. You mentioned that earlier, would that help that person’s case?
Lisa Pelosi: It would because the prosecutor’s offices and the judges are very influenced that someone who may have had an anger problem or a drug problem or an alcohol problem that they’ve used the arrest as a way or means to get help so that hopefully they won’t have to be rearrested, that they’ll learn from the arrest. That they will not go back to behavior that may harm someone else and themselves.
A Breakdown of the Judicial Process Once a Person is Arrested on Domestic Violence Charges
Interviewer: What’s the process like? What happens during the initial arraignment or the first hearing. Will that person see jail time, first of all?
Lisa Pelosi: Again, it will depend on how serious the case is whether or not they face serious jail time or any jail time at all for that matter, but once someone’s arrested they, as with any other cases, they go to arraignment and bail is set. The difference with a domestic violence case is once the order of protection is in place and 100% of the times there will be an order of protection, the individual who’s arrested will not be permitted to go back to his or her home.
Once bail is paid or once the client is released they’re permitted a time to go to the home to remove any property that they’re going to need until the case is finished.
Timeframe of Resolution for a Domestic Violence Case in New York
Interviewer: How much time potentially could a domestic violence case last or how long could it potentially take?
Lisa Pelosi: Potential clients often ask me that question and my answer is always the case will last as long as I can fight for the client and give the best fight possible. It doesn’t matter to me if it goes on for a year or more, or it goes on for 5 minutes. The case will keep going on until I’m finished fighting, until I’ve done every possible for the client to try to get them out of the case or try to resolve it in a way that they accept and are happy with.
Resolution of a Domestic Violence Case May Be Delayed Because of Counseling Sessions Ordered by the Court
Often times these cases do go on a little longer because if people are in programs and getting help the court wants to see a report from the program such as anger management, drug and alcohol, therapists. The courts often times want to see over time that there’s been an improvement in behavior. Sometimes they last a little longer than most cases.
