Being Arrested Doesn’t Mean You’re Guilty
Being arrested for domestic violence does not automatically mean you are guilty. The law enforcement officers who respond to the scene may arrest you based on what they observe or hear, but this does not mean you have been convicted of any crime. A criminal defense attorney can help challenge the evidence and ensure that your rights are protected during the investigation and trial.
Even if you’ve been arrested, you are still presumed innocent until proven guilty in court. The criminal justice system requires the prosecutor to prove the case beyond a reasonable doubt. Your lawyer will work to ensure that any false accusations or witness statements that are not supported by enough evidence do not impact the outcome of your case.
Your Key Legal Rights After a Domestic Violence Arrest
After being arrested for domestic violence, you still have legal rights. Understanding these rights can protect you from making mistakes that might hurt your case.
The Right to Remain Silent
You have the right to remain silent under the Fifth Amendment. This means you do not have to answer any questions from police officers or law enforcement agents that could be used against you. It’s often a good idea to use this right and not speak until you have a criminal defense lawyer present.
The Right to an Attorney
You also have the right to an attorney. If you are arrested for domestic violence, you can ask for a criminal defense lawyer before answering any questions or making any statements. Having a lawyer can help you understand the legal process and make sure you are treated fairly.
The Right to Know the Charges Against You
You have the right to know the charges against you. After your first court appearance, the judge will explain the criminal charges and what legal steps are next. You will also be given information about your court date and the evidence against you.
The Right to a Bail Hearing
You have the right to a bail hearing. This is where a judge will decide whether you can be released on bail or if you must remain in county jail while awaiting trial. A criminal defense attorney can argue for your release or for reduced charges to lower the cost of bail.
The Right to a Fair Trial
Under the sixth amendment, you have the right to a fair trial. If you are accused of domestic violence, the law says you must be given the opportunity to present your case, challenge witness statements, and have the prosecutor prove their case beyond a reasonable doubt.
Additional Rights You May Have
In addition to the basic rights you have after a domestic violence arrest, there are other rights that may help protect you during the legal process. These rights allow you to challenge certain restrictions or access important resources.
It’s crucial to understand all the rights available to you, especially when dealing with protective orders or the property you may need to retrieve.
The Right to Review and Challenge Protective Orders
After a domestic violence incident, if a protective order is placed against you, you have the right to review and challenge it in court. A domestic violence lawyer can help you file a motion to modify or remove the order if you believe it was unfairly imposed. This is especially important if the domestic violence charges are not supported by solid evidence or if the order limits your access to family members or your property.
Collecting evidence to support your case and show that you are not a threat to the alleged victim can be key to challenging these orders effectively.
The Right to Access Your Property
You also have the right to access your property if you have been removed from your home due to a domestic violence arrest. Even if there is a protective order in place, a domestic violence lawyer can help you request access to retrieve personal items or documents you may need. If the alleged victim shares the residence with you, it may be necessary for the court to allow you supervised access to ensure that the process is safe for everyone involved.
This access should be fair and reasonable, depending on the specific circumstances of the domestic violence charges.
The Right to Remain Free from Excessive Punishment or Bail
You have the right to remain free from excessive punishment or bail under the law. If you are facing domestic battery charges or any related offenses, you should not be subjected to unreasonable bail amounts or conditions. If bail is set too high or if release conditions are unfair, a domestic violence lawyer can argue for more reasonable terms.
They can also advocate for reduced charges or modifications to bail conditions, particularly if you have no past convictions or if the crime you are accused of does not pose a significant threat to public safety. Your lawyer will ensure that any bail or punishment you face is appropriate and just.
What You Should Avoid Doing After an Arrest
- Speaking Without a Lawyer Present: Avoid answering any questions from law enforcement officers without a criminal defense lawyer present. Anything you say can be used against you in court, even if it seems innocent. It’s better to remain silent until your attorney is there to guide you.
- Violating Protective Orders: If there is a protective order against you, do not make contact with the alleged victim or violate any terms of the order. Violating a protective order can lead to serious legal consequences, including additional domestic violence charges or jail time.
- Lying or Providing False Information: Never lie to the police or provide false information. Misleading law enforcement or the court can result in charges for obstruction or perjury. Always tell the truth or remain silent if you are unsure.
- Ignoring Court Orders: If the court sets release conditions or orders you to appear at certain court dates, failing to comply can result in criminal penalties. Always follow court orders carefully, or consult your domestic violence lawyer for advice if you need to request modifications.
- Trying to Contact the Victim: Avoid attempting to contact the victim of the domestic violence incident, even if they say they don’t mind or want to speak with you. Any form of contact may violate the no contact order, making the situation worse and complicating your case.
- Posting About the Case on Social Media: Do not talk about the domestic violence cases or the domestic violence charges on social media. Anything posted can be used as evidence against you. Keep details of the case private until your lawyer advises you otherwise.
Protecting Your Rights With Legal Help
If you are facing domestic violence charges, it is crucial to seek legal help as soon as possible. A defense strategy crafted by our skilled criminal defense lawyer can make a huge difference in the outcome of your case. Our experienced domestic violence lawyer will ensure that your rights are protected throughout the legal process, whether you are dealing with domestic assault charges, a domestic violence conviction, or felony charges. We will review the evidence, gather evidence to challenge false claims and help you understand the full scope of the legal process.
In domestic abuse cases, it’s important to act quickly because a criminal defense attorney can work to gather all the relevant facts and challenge the prosecution’s case. If a plea deal is possible, we will advise you on whether it’s in your best interest. We can also help in civil court if the alleged victim files a personal injury claim. Our law firm, experienced in domestic violence cases, will work with you to ensure that you have the best defense possible.
If there’s enough reason to believe the charges are unfair or based on faulty evidence, our domestic violence lawyer may help you drop charges or even get a favorable ruling from a superior court judge.
FAQs
If you’ve been arrested for domestic violence, you may be confused about your rights and what you should do next. Being charged with domestic violence can lead to serious consequences, including jail time, loss of child custody, and a permanent criminal record. However, you do have rights after your domestic violence arrest, and understanding them is crucial to protect your future.
If you’ve been arrested for a domestic violence offense, you need strong legal support to protect your rights and your future. A charge like this can quickly turn into a serious criminal case, especially if the prosecution files it as a felony crime. Even if it’s your first arrest or the incident involved no serious harm, the court will treat the matter seriously under California law.