If you or someone you love is arrested and charged with domestic violence, you can find yourself in uncharted waters. There may be confusion surrounding the incident, fear of repercussions, and anger towards your domestic partner or spouse. During this time, it is important to know what to do immediately after you are arrested for domestic violence. The steps you take following your arrest can significantly improve your chances of beating these serious charges.
After your loved one is arrested for domestic violence in California, they are usually taken to a police station and then to the County Jail. In order to properly locate them, you must have the right identifying information, including their full name and date of birth.
Once you have located them, they may be eligible for pretrial release under the promise to appear in court at a later date. This is also known as Own Recognizance Release. In some cases, however, the judge may impose bail as a condition for release. If you need to post bail in order to have your loved one released from jail, you must find a bail agent.
At the Law Office of Nabiel C. Ahmed, our Oakland domestic violence attorneys are experienced in all areas of domestic violence law and can assist you in finding your loved one and posting bail to have them released. You should not proceed further in your defense without first consulting with an experienced Oakland domestic violence lawyer. The next steps are critical and require skilled legal counsel.
If you are arrested and charged with domestic violence, you have the right to remain silent and should NOT speak with police officials or prosecutors without having your lawyer present. Anything you say can—and will—be used against you in court. Do not try to explain what happened. Do not try to get the officer to understand the situation. Simply avoid speaking to prosecutors until your attorney arrives. This way, you avoid accidentally incriminating yourself.
After you have posted bail, the date of the Arraignment will be set. During the Arraignment, you are required to enter your plea, Not Guilty, Guilty, or No Contest. Your attorney will guide you through this process and help you choose the right plea for your situation. During the Arraignment or pretrial, the judge will also choose to issue restraining orders, no contact orders, or other types of protective orders. In addition, future dates will be set for conferences and preliminary hearings.
Domestic violence laws are complicated and require the skills and experience of a veteran Oakland criminal defense lawyer. Domestic violence penalties are severe and if you are not careful, you could be convicted of this crime---even if you are innocent.
Let Us Fight for You! Our criminal defense law firm serves clients in Oakland, San Francisco, Walnut Creek, and throughout the East Bay. Call the Law Office of Nabiel C. Ahmed today to set up a free review of your case. Start by reaching out to us at (510) 907-6600 for a free consultation.
We can begin building a solid defense against these serious domestic violence charges. If you are already detained, we are also available for phone consultations and jail interviews. You can fill out a confidential contact form.