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Proving Innocence in Domestic Violence Accusations?

This legal question related to domestic violence attorneys in MinotNorth Dakota has been answered.

Location: Minot  |  Law type: domestic violence attorneys

What can me and my family do to prove my brothers innocence

My brother is being accused of tieing his wifes arms and legs together and holding a gun to her head. No weapons were found on him nor was she with him when he had got arrested its only her writing statements and my brother in jail right not with 3 class c felonys. I know people change every day so i cant say i know he wouldn't do this but hes not the type to be that stupid.

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1 month 3 weeks ago, domestic violence attorneys, Oklahoma

Legal Solution

The response provided below is specific to domestic violence attorneys in the jurisdiction of Minot. If the response is inadequate, please submit a detailed inquiry.

Proving Innocence in Domestic Violence Accusations in Minot

Navigating the intricacies of domestic violence law is challenging, especially when seeking justice against false accusations. In Minot, when a person is accused of such a severe crime, it is vital to act promptly and prudently to safeguard their rights and prove their innocence.

Relevant Laws and Statutes:

  • Domestic Violence Statutes: These are the primary laws detailing what constitutes domestic violence, the various degrees, and their corresponding punishments.
  • Rules of Evidence: These rules determine what evidence can be presented in court and which evidence might be deemed inadmissible.
  • Habeas Corpus: A legal recourse to challenge the validity of detention or imprisonment.

The exact paragraphs and detailed information about these laws can be found on the official government website of North Dakota: North Dakota State Government Website.

Possible Solutions:

  1. Hire a Competent Defense Attorney: Engaging an experienced criminal defense lawyer is crucial. They'll be familiar with the laws and procedures in Minot, helping you build a strong defense.
  2. Gather Evidence: Collect any available evidence that might counter the accusations. This includes surveillance footage, eyewitness accounts, or alibis for the time of the alleged incident.
  3. Character Witnesses: Secure individuals who can testify to your brother's good character, thus creating doubt about the accusations.
  4. Challenge the Accuser's Statement: An attorney can help pinpoint inconsistencies or falsehoods in the accuser's testimony.
  5. Consider Polygraph Testing: Although not always admissible in court, a passed polygraph test can still aid in swaying public or prosecutorial opinion.

You can compare lawyers in your area to find the right one for your specific needs.

Cost Analysis for Legal Services in Minot:

Service Average Price
Initial Consultation with Defense Attorney $250 - $500
Full Representation in a Trial $5,000 - $15,000
Polygraph Test $200 - $600
Evidence Gathering & Private Investigator $1,000 - $5,000
Character Witness Deposition $500 - $1,500

Prices in Minot can fluctuate based on the complexity of the case, the attorney's reputation, and other external factors. It's essential to get an exact quotation from your chosen lawyer.

Clarification and Call to Action:

To provide the best guidance, more specific details about the case might be necessary. Please remember, every detail can be crucial for the defense. Don't hesitate; ask a free legal question today to get expert insights on your brother's situation.

Key Questions:

  1. Did your brother have any alibi during the alleged incident's timeframe? An alibi can significantly prove his innocence if verified.
  2. Are there any witnesses or CCTV footages available that might contradict the accuser's statements? This evidence can be instrumental in building a defense.
  3. Has your brother ever faced similar accusations or charges before? Previous incidents, even if dismissed, can influence the court's perception.

Commonly Asked Questions:

What if we can't afford a lawyer?

Legal aid services or public defenders can be availed for individuals unable to hire private attorneys. They can offer competent representation, though it's recommended to consult a private lawyer if possible.

Can my brother be released on bail while awaiting trial?

Yes, depending on the charges' severity and the judge's discretion, bail may be set. A criminal defense lawyer can help negotiate this.

How long will the trial last?

The trial's duration depends on the case's intricacy, the amount of evidence, and court schedules. On average, domestic violence cases can take a few months to over a year.

What are the possible consequences if my brother is convicted?

The repercussions can range from probation, mandatory counseling, restraining orders, to imprisonment, based on the charges' severity.

Can we sue for false accusations once proved innocent?

Yes, you might be able to file a lawsuit for defamation, malicious prosecution, or false imprisonment, depending on the circumstances. Consulting with an attorney is vital for this.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Proving Innocence in Domestic Violence Accusations?" has been changed 3 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Minot & area of law: domestic violence attorneys.
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