| danachoate | 0 Comments | Uncategorized

Domestic Violence On the Rise During the Holidays

For some, the holidays are synonymous with family tension and fighting, especially given the larger quantities of alcohol people often consume during this time. However, according to some studies, this is actually a major misconception. According to a report released by the National Resource Center on Domestic Violence, statistics do not back up claims that link the holidays to an increase in domestic violence. In fact, according to data from the National Domestic Violence Hotline, there is often a decrease during the holidays.

However, this does not necessarily mean that abusers take a break from violent or controlling behavior. Instead, researchers believe that victims are less likely to call for help during the holiday season, especially if they have children, because they feel pressured to keep the family together. As a result, it is more likely for victims of domestic abuse to reach out for help after the holidays.

Understanding the Myth

Despite evidence to the contrary, people still believe the holidays are a more violent time for families. After all, with the additional financial stressors and visiting family members, it seems only reasonable to assume fights are more likely to break out. Although this myth has effectively been debunked time and time again, the evidence only accounts for reported incidents of domestic violence. It is possible and likely that, despite the drop in calls for help, abuse continues to happen during the holidays. It explains why calls to domestic violence centers experience a rise once the holiday season comes to an end.

Whether there is actually a decrease in domestic violence during the holidays or victims are desperately trying to keep the peace can never be known for sure since these incidents are not always reported. However, one thing is for sure – the holidays can be a troubling time for many families.

Reach Out to an Attorney Today

If you are facing domestic violence charges, you are likely already aware of the severity of this situation. A conviction will become part of your criminal record and can result in severe penalties. A felony conviction can cost you the right to possess a firearm, the right to vote, and you might even lose certain professional licenses. At the Conroe Law Office, John E Choate, Jr.-attorney, will fight on your behalf and help you obtain the best possible results for your case.

Free Consultation

Contact us at (936)441.2999 for a Free Consultation

| danachoate | 0 Comments | Legal Advice, Legal Issues

Who Can Find My Arrest Information? John E Choate, Jr – Attorney at Law

Who Can Find My Arrest Information?                          John E Choate, Jr – Attorney at Law

One of the questions we get frequently is who all has access to arrest records.  How do individuals or local news companies see mugs shots?  There are actually two different answers, depending on what you are asking about.

Public records of any arrest

First, arrest information including a mug shot is considered a public record. That is why you see lists in some newspapers, especially online, of whom all was arrested. That is also how news agencies find out about cases. They monitor the lists, and when someone newsworthy shows up, they start digging. Or if it's a slow news day, they might follow up on something that looks serious (like murder), or interesting.  In Montgomery County, it is a political push to list specific types of arrests.

Records of arrest are generally kept in two places. One is the agency who arrested you, and the other is the jail where the individual was booked into. If someone makes a specific request to either of those places, they have to furnish the information. However, the information that can be released is limited. Generally, it is the date you were arrested, and what the charge or charges were. Offense reports which describe the arrest are not public records, and cannot be disclosed.

Criminal history records

The other type of record is a person’s criminal history. This would include a print out of every time someone has been arrested, and the disposition of that charge. It also includes all court activity, including what happened. This information is confidential, but that only means it cannot be disclosed to the public. Instead, it is only available to certain types of people - generally, those are people associated with law enforcement. That means the press cannot request your criminal history. It also means an employer or potential employer cannot request the information.

Public databases

Since people want this type of information, it’s not surprising that companies have stepped in to fill the demand. There are several companies, which will pull together the public information about someone, and provide that - for a fee. The information they obtain is generally obtained from court records. For example, if charges are filed in court, there is a record of that. The companies go out and get that information, and then put it into their database. Anyone willing to pay can get it. Human Resource Departments utilize companies with these databases to determine hiring eligibility.

Sealing records

What most people want to know is whether these records can be sealed, so no one can access them. The answer depends on what happened with the case. In some cases, records can be expunged, while in other situations an order of non-disclosure can be entered. It's important to know what options might be available BEFORE you make a decision on your case. This is where an experienced criminal defense attorney can help.

There are numerous occasions where the databases have errors OR erroneous information which can cause harm.

Contact the Conroe Law Office to speak with our attorney, John E Choate, Jr to protect your name or if you have any questions.  Consultations are FREE!

[email protected] or 936.441.2999