You can’t believe the police showed up last night. What’s going to happen now that you’ve been charged with domestic violence? Your spouse doesn’t want to press charges. Nobody was hurt. It was all just a misunderstanding. But they won’t drop the charge. Now what?
In domestic situations, the police simply want to protect those involved by separating individuals and allowing them to cool off. The goal is often to defuse the situation, investigate what happened, and determine whether to bring charges. Often, law enforcement will err on the side of caution and put one person in custody to ensure the situation does’t escalate after they leave.
What happens now?
After a person is arrested, they’re logged into jail where they wait to see if they’re eligible for release. This can take anywhere from a few hours to several days. Many times a person’s first opportunity for release is at their first court appearance, or arraignment. Here, your attorney will be able negotiate for you to go home.
I’ve been securing bonds for clients for 15 years, quite simply, because EVERYONE is entitled to one. That’s the law. Pretrial release should not be an opportunity for the state to hold an accused in custody as a form of pretrial punishment. That is unconstitutional.
Some of the factors a judge must consider when deciding whether or not to let you out of jail are:
- Your criminal history, if any
- Prior convictions involving violence
- History of drug or alcohol abuse
- Employment status
- Community ties
- Family support
- Seriousness of the charge(s)
But my spouse or partner doesn’t want to press charges!
Unfortunately, your significant other doesn’t always get to make this decision. This stark reality often comes as a surprise to those involved. Even if your partner doesn’t want to move forward, the prosecutor will make their own decision and can proceed against the wishes of everyone.
Good people who’ve had a single bad night can end up in jail. Many have no criminal record or prior arrests — things just got out of hand. Protect your rights, freedom and future immediately.
Call (502) 200-4482 to schedule an appointment today.