An arrest for a domestic violence-related offense is a frightening and overwhelming experience. The immediate aftermath is often filled with confusion, fear, and a desperate desire to explain the situation and make things "right." However, in the eyes of the law, well-intentioned actions can be severely misinterpreted, turning a difficult situation into a potentially catastrophic one. The steps you take—or don't take—after being released from custody can significantly impact the trajectory of your case.
The seasoned legal team at Griffen & Stevens Law Firm understands the complexities and high emotions involved in these charges. Their experience shows that many people inadvertently damage their own defense before they even have a chance to speak with an attorney. Knowing what these common pitfalls are is the first step toward protecting your rights and building a strong defense. Consulting with a Flagstaff domestic violence defense lawyer immediately is the most critical step you can take to avoid these errors and safeguard your future.
The Critical Mistake of Speaking to Law Enforcement Without an Attorney
It is a natural human reaction to want to tell your side of the story. You may believe that if you can just explain what really happened to the detectives, they will understand and drop the charges. This is, unfortunately, one of the most dangerous assumptions a person can make in the criminal justice system. Law enforcement's role is to gather evidence to secure a conviction, not to act as a neutral arbiter of the truth.
Why Remaining Silent is Your Right and Your Shield
You have an absolute constitutional right to remain silent, and you should invoke it politely but firmly. Anything you say can be taken out of context, misinterpreted, or used against you in court. Even a statement you believe is innocent or exculpatory can be twisted to fit the narrative of the prosecution.
- The illusion of context. You might think you're explaining a complex, nuanced argument, but the police report will only contain a few cherry-picked sentences that sound incriminating.
- Minimization and justification. Officers may use tactics suggesting that "if you just explain it was an accident," things will be easier. Any admission, even to a lesser action, can be used as proof you committed a crime.
- Calming down versus confessing. Statements made while you are still emotionally charged, such as "I'm so sorry, I just lost my temper," can become a central piece of the prosecution's case as a direct confession.
The attorneys at Griffen & Stevens Law Firm cannot overstate this point: there is no scenario where speaking to law enforcement without your attorney present benefits you. The only words you should say are, "I am invoking my right to remain silent and I will not answer any questions without my attorney present." Once you have a skilled Flagstaff domestic violence defense lawyer from the firm by your side, they will handle all communication and ensure your rights are protected during any questioning.
The Peril of Contacting the Alleged Victim
In the wake of an arrest, your instinct might be to call, text, or visit the alleged victim—often a spouse, partner, or family member—to apologize, check on them, or discuss what happened. This is perhaps the fastest way to violate a protective order and incur new, serious criminal charges, regardless of the alleged victim's wishes.
How "No Contact" Orders Work and Why They Are Strict
In nearly all domestic violence arrests, the court will automatically issue an Order of Protection or a similar "no contact" condition of release. This order legally forbids you from any form of direct or indirect communication with the alleged victim.
- Direct and indirect contact. This includes not only phone calls and in-person visits but also texts, emails, and messages through third parties. Having a friend or family member relay a message for you is a violation of the order.
- Invitation is not permission. Even if the alleged victim is the one who calls you first or asks to see you, the court's order remains in effect. If you respond, you are the one who will face legal consequences, including immediate arrest.
- Violation consequences. Violating a protective order is a separate criminal offense under Arizona Revised Statutes § 13-2810, often a misdemeanor or even a felony itself. It will also severely damage your credibility with the judge and prosecutor, making them less likely to offer a favorable plea deal or reduce the original charges.
The only safe and legal way to modify a no-contact order is through your attorney. The lawyers at Griffen & Stevens can file a motion with the court to request modifications, such as allowing contact for childcare purposes, but this must be done through proper legal channels. Until then, absolute zero contact is the only acceptable course of action.
Underestimating the Seriousness of the Charges
Many people make the mistake of thinking a "simple argument" or a "first-time offense" won't be treated seriously by the court. They may consider handling the case without an attorney or plead guilty just to "get it over with." This is a catastrophic error that can have lifelong repercussions.
The Long-Term Consequences of a Domestic Violence Conviction
A domestic violence conviction in Arizona is not just a slap on the wrist; it carries severe and lasting penalties that can follow you for years.
- Criminal penalties. These can include jail time, substantial fines, mandatory completion of a costly batterer's intervention program, and probation.
- Loss of constitutional rights. A conviction for a felony-level domestic violence offense can result in the permanent loss of your right to possess and own firearms under federal law.
- Immigration consequences. For non-U.S. citizens, a domestic violence conviction can be classified as a "crime of moral turpitude" or an "aggravated felony," leading to certain deportation, denial of naturalization, or inability to re-enter the country.
- Professional and personal fallout. A conviction can damage your professional reputation, lead to the loss of professional licenses, and negatively impact child custody and visitation rulings.
The defense lawyers at Griffen & Stevens Law Firm take every charge with the utmost seriousness. They begin building a defense from the moment you hire them, investigating the evidence, interviewing witnesses, and challenging the prosecution's case at every turn to protect you from these devastating outcomes.
The Danger of Discussing Your Case Publicly or Online
In today's digital age, venting frustrations or seeking support online feels like a natural outlet. However, posting about your case on social media, in forums, or even in private messages is incredibly risky. Prosecutors actively scour defendants' social media profiles for evidence that can be used against them.
Why Your Digital Footprint is a Prosecutor's Goldmine
Anything you post online is considered a public statement and is easily discoverable by the prosecution.
- Context is everything. A photo of you smiling at a party can be presented as you showing a "lack of remorse." A vague post about "lies" can be interpreted as witness intimidation.
- Evidence of state of mind. Statements you make online can be used to establish your mindset or character at the time of the alleged incident.
- Permanent record. Even if you delete a post, it can often be recovered, and screenshots make deletion meaningless.
The safest practice is to deactivate your social media accounts for the duration of your case and refrain from discussing the details with anyone except your Flagstaff domestic violence defense lawyer. Your conversations with your attorneys are protected by attorney-client privilege; conversations with friends, family, and followers are not.
Failing to Secure Experienced Legal Counsel Immediately
Perhaps the most significant mistake of all is delaying the retention of an experienced defense firm. The legal system is a complex maze of procedures, deadlines, and strategic decisions. Navigating it without a guide puts you at an immediate and severe disadvantage.
How a Flagstaff Domestic Violence Defense Lawyer Makes a Difference
The attorneys at Griffen & Stevens Law Firm don't just represent you in court; they conduct a comprehensive investigation and develop a proactive defense strategy from day one.
- Early case investigation. They act quickly to preserve evidence, such as securing text messages, photos, or home security footage that may support your version of events before it is lost or deleted.
- Witness interviews. Your legal team will identify and interview potential witnesses while their memories are still fresh, gathering statements that can be crucial for your defense.
- Challenging the evidence. They scrutinize the arrest procedure, the evidence collected, and the alleged victim's statements for inconsistencies, procedural errors, or violations of your rights that could lead to evidence being suppressed.
- Negotiating with prosecutors. With a deep understanding of local courts and prosecutors, your lawyer can often negotiate for reduced charges or even a dismissal before the case ever goes to trial.
Having a dedicated Flagstaff domestic violence defense lawyer from Griffen & Stevens on your side ensures that every decision you make is an informed one, strategically designed to achieve the best possible outcome for your unique situation.