Many attorneys understand criminal law. Fewer have actually presided over domestic violence cases from the bench. That judicial experience provides valuable perspective when evaluating evidence, identifying legal issues, anticipating how a court may view a case, and developing an effective defense strategy.
Former judges understand something additional:
How courts evaluate domestic violence cases from the bench.
That perspective can help identify:
- credibility concerns,
- evidentiary weaknesses,
- judicial expectations,
- presentation issues,
- strategic opportunities.
For first-time offenders unfamiliar with the criminal justice system, that perspective can be especially valuable.
Possibly. Diversion may allow an eligible defendant to complete specified requirements in exchange for dismissal of the criminal charge. However, diversion is not automatic merely because someone has no prior record.
Availability can depend on:
- The prosecuting agency
- The particular charge
- The seriousness of the allegations
- The defendant’s criminal history
- The alleged victim’s position
- Whether restitution or treatment issues exist
- Compliance with release conditions
- Prosecutorial policies and discretion
Tucson City prosecutors may offer diversion to eligible defendants in certain misdemeanor cases. Successful completion can result in dismissal of the participating charge. Other prosecuting agencies in Pima County and Southern Arizona may use different eligibility rules, procedures, and requirements.
A diversion agreement may require counseling, education, treatment, payment of fees or restitution, compliance with court orders, avoidance of new criminal charges, or other conditions. The exact terms should be reviewed before the agreement is accepted.
Diversion can be an excellent outcome in the right case, but it is not the only possible favorable resolution. The defense should still examine the evidence, credibility issues, constitutional violations, justification defenses, and other grounds for dismissal or reduction. A person should understand both the benefits of diversion and any rights or strategic options affected by accepting it.
Former Pima County Judge Doug Taylor evaluates whether diversion may be available, whether the proposed requirements are reasonable, and whether another defense strategy may offer a better result.
Is a first domestic violence charge automatically a felony?
No. A first domestic violence charge in Arizona may be either a misdemeanor or a felony depending upon the specific offense alleged, the facts of the case, the extent of any injuries, the use of a weapon, prior criminal history, and other circumstances. "Domestic violence" is a legal designation that applies to certain offenses committed between people who have a qualifying relationship. The underlying criminal charge determines whether the case is prosecuted as a misdemeanor or felony.
Will I go to jail if this is my first domestic violence offense?
Not necessarily. Many first-time defendants are understandably concerned about going to jail, but every case is different. The potential outcome depends upon the charges, the evidence, the defendant's criminal history, the wishes of the alleged victim, and many other factors. Early legal representation often provides the best opportunity to protect your rights and pursue the most favorable resolution available.
Can the alleged victim drop the domestic violence charges?
Usually not. Once criminal charges are filed, the decision whether to dismiss, reduce, or continue prosecuting the case belongs to the prosecutor—not the alleged victim. While the alleged victim's wishes may be considered, the State of Arizona ultimately controls the prosecution.
Should I contact the alleged victim after my arrest?
Generally, no. Many defendants are released with court orders prohibiting contact with the alleged victim. Violating those release conditions may result in additional criminal charges, revocation of release, or other serious consequences. Before contacting the alleged victim for any reason, you should understand every court order that applies to your case and discuss your situation with your attorney.
What happens at my first court appearance?
Your first appearance usually involves advising you of the charges, explaining your constitutional rights, addressing release conditions, and scheduling future court proceedings. Depending upon the circumstances, the court may also address conditions of release, no-contact orders, and other issues affecting your case. Having experienced legal representation early in the process can help you better understand what to expect.
Can a first-time offender avoid a conviction?
Possibly. Every case is different. Depending upon the evidence, the facts, applicable law, and the circumstances of the defendant, some first-time offenders may have opportunities to pursue dismissal, reduction of charges, diversion programs where available, negotiated resolutions, or other favorable outcomes. An experienced attorney can evaluate the strengths and weaknesses of the case and discuss available options.
Can a first-time domestic violence charge be dismissed through diversion?
Possibly. Some prosecuting agencies offer diversion to eligible defendants in certain misdemeanor domestic violence cases. Successful completion may result in dismissal of the participating charge. Eligibility, requirements, and approval depend on the prosecuting agency, specific charge, allegations, criminal history, alleged victim’s position, compliance with court orders, and prosecutorial discretion. Diversion is not guaranteed merely because it is a first offense.
Will a domestic violence conviction affect my firearm rights?
It may. Both Arizona law and federal law can affect a person's ability to possess or purchase firearms following certain domestic violence convictions or protective orders. The consequences depend upon the specific conviction, the applicable law, and the individual's circumstances. Because firearm rights can have lasting consequences, this issue should be discussed with an experienced attorney.
Can a domestic violence conviction be set aside or sealed?
Possibly. Depending upon the offense, the completion of all sentencing requirements, and Arizona law, some individuals may qualify to have a conviction set aside or seek record sealing. These are separate legal remedies with different eligibility requirements and legal effects. An attorney can evaluate your circumstances and explain which options may be available.
Why should I hire a former judge to defend my case?
A former judge brings a unique perspective to criminal defense. Having presided over domestic violence cases from the bench, Douglas W. Taylor, Sr. understands how judges evaluate evidence, credibility, legal arguments, and sentencing issues. That experience helps identify strengths, weaknesses, and practical strategies that may not be obvious from the defense table alone.
What should I do immediately after being charged with domestic violence?
Remain calm, comply with every court order, avoid discussing the allegations with anyone other than your attorney, preserve any evidence that may support your defense, and seek experienced legal representation as soon as possible. The decisions made during the first few days after an arrest often have a significant impact on the direction of the case.
