Collateral Consequences of a Domestic Violence Conviction from San Tan Valley, AZ.
Permanent Criminal Conviction on Your Record: Domestic violence convictions show up on background checks. There is no expungement in Arizona, meaning it may always show up on your record.
- Firearm Rights: United States law disallows those with a domestic violence conviction from possession, use, or ownership of firearms. This may be cured by a motion to set aside.
- Child Custody Implications: When there’s a separate court matter concerning child custody, a domestic violence conviction can be used as a presumption against custody.
- Employment: Human resource departments and employers are often hesitant to interview, consider, or employ those with a domestic violence conviction. If a career or position requires firearm possession, a domestic violence conviction can lead to consequences with their employer.
- Immigration: Domestic violence convictions can hurt one’s legal status.
How Diversion Programs Can Avoid a Domestic Violence Conviction.
Sometimes diversion can be negotiated between the county prosecutor and defense attorney. Prosecutors at the Apache Junction Justice Court will sometimes negotiate for domestic violence diversion through Corrective Solutions. This is a Rule 38 diversion program, whereby, the case is put on hold for three to six months to allow time to complete individual counseling, education classes, group counseling, and community service. If the program is successfully completed, the charges are dismissed. Domestic violence diversion is not allowed for convicted felons or anyone accused of committing a felony involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument.
Domestic violence diversion programs are in the sole discretion of the assigned prosecutors. Your criminal defense lawyer, however, might highlight to prosecutors why you’re a deserving candidate. When advocating for diversion, your attorney should emphasize both legal and personal circumstances.
Diversion is often a positive result for clients because it ensures the avoidance of a permanent criminal conviction and collateral consequences. That said, if it becomes apparent that the prosecutor cannot prove the case at trial, it may be wiser to decline diversionary opportunities. A knowledgeable San Tan defense attorney can evaluate and explain all your legal option during the case.
Initial Appearance Judges Sometimes Impose Release Conditions that Prevent Victim Contact.
Sometimes the judge will make an initial ruling that you’re not allowed to return home or have contact during the case. Practically, this might cause defendants to be homeless and lose contact with their family. This is extremely harsh because domestic cases often take months to resolve.
In some cases, your San Tan Valley criminal lawyer can submit custom motions to modify release conditions to resume victim contact and return home. In such a motion, a judge considers victim and prosecutor input. Judges are more inclined to grant modifications when the allegations are relatively minor and there’s no history of violence.