Changing Stories in Domestic Violence Cases

Posted by Raymond Kimble | Sep 29, 2015 | 0 Comments

Arrested for a Domestic Violence Offense in Arizona?

Although Domestic Violence is a serious matter, I often speak with Clients who have been arrested and charged with a Domestic Violence Offense in the Greater Phoenix Area whose spouses decide they don't wish to prosecute or want to recant their initial allegations.  Domestic Violence is treated seriously by both police and prosecutors in Arizona and can involve many offenses including assault, aggravated assault, disorderly conduct, criminal damage, kidnapping, etc.  If you are convicted of domestic violence, you face the possibility of probation, counseling, jail or prison.

In many cases, alleged victims of domestic violence will later change their story, decide not to cooperate with the prosecutor or try to avoid testifying in court.  Unfortunately, this does not simply mean the case will be dismissed.  Rather, there are many ways a prosecutor can attempt to secure a conviction even without the victim's cooperation.  These include:

  1. Issuing a Subpoena for the Victim to Appear at Trial - A subpoena is a court order.  If it is properly served upon someone, they must appear as directed.  If they ignore the subpoena, they can be held in contempt and be fined or put in jail.
  2. 911 Calls - Statements made to a 911 operator by the victim of a crime may be admitted at trial even if the alleged victim does not appear to testify.  This will occur in situations where the call is placed while an event is ongoing and while the victim is determined to be under the stress of the startling event. 
  3. Statements Made to Medical Professionals - If an alleged victim of a domestic violence crime is transported to a hospital or other treatment facility for injuries suffered during an incident, any statements made to a treating doctor or nurse which describe the incident may be admitted at trial without the victim being present.  This is because the statements were made to describe a medical condition and for purposes of treatment.
  4. Prior Inconsistent Statements - In cases where an alleged victim does appear but changes their story while testifying, any statements they may have previously made to the police can be used to impeach them and show that they are now lying. 

Certainly, domestic violence cases are very complex and require representation from an attorney who regularly practices criminal defense in Arizona.  I have represented thousands of people during the last fifteen years who have been arrested and charged with domestic violence offenses.   If you or someone you know has been charged with a domestic violence offense in Phoenix, Mesa, Scottsdale, Chandler, Gilbert or Tempe, Arizona, call (480) 833-8613 for a free consultation.

About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment