We’ve all heard of the Salen Witch trials of Massachusetts in the 1600s.The trials resulted in the executions of fourteen women and six men, and all but one by hanging. Once it became known society was open to persecuting people for being witches, the allegations began to grow in number.
Present day, the same thing is occurring with domestic violence claims. New laws have made accusations more serious. Lifetime bans on gun ownership are federally regulated, multiple-count offenders have minimum mandatory sentences, and the District District Attorney in Nashvillehas made the issue a focal point in his office. Society is ready to prosecute anyone accused of domestic violence. We now are to the point of incarcerating people for 12 hours before ever proving they are guilty. The accused is banned from being around the victim. Often, this means they cannot return to their own home. In divorce situations, the mere accusation gives the accuser the ability to clean out the home while the accused is either in jail or prevented from coming home due to bond conditions.
Lately, there have been increases in accusations of domestic violence by victims who are not citizens. They are motivated by federal immigration law that basically prevents them from being deported if they are a listed victim in a domestic violence case. In a recent domestic violence trial, we forced the accuser to admit she had never accused my client of abuse until she learned two days before that the accusation would prevent her deportation.
False domestic violence accusations are on the rise. The stakes are greater; the benefits that come from accusing someone falsely are growing for those who often are willing to lie.
We have these laws because your legislators believe you will support them if they increase punishment against the “criminals”. Look twice at these claims for new laws. Are they punishing criminals, or simply those who are accused? Do you lose your home, your second amendment rights, your job and your freedom simply because of an accusation? We are punishing the accused, not the convicted. Until society demands change, it will continue.
If you or your loved ones are accused, a specialized, full-time criminal defense lawyer is necessary to make sure you have the best defense possible to fight this new trend in society.