Domestic assault: The importance of pretrial investigation

Domestic assault: The importance of pretrial investigation

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Thursday August 21, 2014.

In complex cases involving allegations of violent crime, a multidisciplinary approach to criminal defence is often necessary to protect the rights of the accused. For example, flaws in the prosecution’s evidence may not be obvious without the help of specialists who work with the defence in the pre-trial phase. Depending on the individual case, such experts may include psychologists, forensic specialists and experts in technology.

In sexual assault and domestic assault cases, the work done before trial is often extremely important in achieving a favorable outcome for the defendant. These cases tend to evoke strong emotions, and at Neuberger & Partners LLP, we often enlist the help of private investigators and family law counsel to ensure that all relevant aspects of the case are carefully considered.

Many allegations of assault are connected to disputes between family members or former partners. There may also have been family court proceedings involving both the complainant and the defendant. It is important, then, to review those family court cases for evidence that might be relevant to the defence.

If evidence in support of a conviction is lacking from the start, the Crown may choose to withdraw the charges before the case goes to trial. An in-depth pretrial investigation on the part of the defence may reveal flaws in the prosecution’s evidence and help the defendant avoid a trial altogether.

In the event that an assault case does go to trial, defence evidence obtained by thorough investigation can be used to cross-examine the complainant and other witnesses.

If you would like to learn more about the law practice of Neuberger & Partners LLP, then please visit our domestic assault overview.

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