Posted on April 7, 2017
If you have been arrested for a domestic violence (DV) offense in California, you need an aggressive attorney immediately to help you through the process. DV cases are typically defined as allegations of force or violence between individuals who are married, dating, or have had a prior relationship. Ever since the OJ Simpson case, law enforcement has received pressure and incentives to arrest one of the two parties as way to prevent further harm between domestic couples. The DA’s office has a special unit, called the “Family Protection Unit” that exclusively prosecutes DV cases. Being arrested for DV cases have many implications, and a skilled attorney can navigate you through the stressful waters ahead.
Because the law prohibits an officer from arresting a suspect on misdemeanor charges if he personally did not observe the offense, most cops responding to a DV call will arrest and book based on felony charges. This creates a significant financial burden, since the bail schedule for a domestic violence case (273.5 PC) is currently $50,000 in San Diego County. Each county has different bail schedules. I always recommend talking with a private attorney PRIOR to posting bail, as often I can get you a lower rate with the bond companies if they know I will be handling the case.
Normally, a private attorney such as myself can waive your presence in court on misdemeanor offenses, but for DV cases, CA law requires the personal presence of the Defendant. Another serious consequence of a DV allegation is that the court will issue, at the prosecutor’s request, a Criminal Protective Order (CPO), ordering the defendant to stay at least 100 yards away from the victim, their home, vehicles and work. Even if the alleged Victim does not want the order, and asks the court not to issue it, many judges will impose the order and effectively cause the removal of the defendant from his/her own home. These can be fought by an aggressive attorney, but you need to know what to expect.
In many instances, the only witnesses to Domestic Violence are the defendant and the alleged victim. Often, in the heat of a verbal argument, allegations can get exaggerated when the police are called. Victims who do not wish to have the defendant prosecuted can convey these desires to the DA, and I’ve been able to help many couples prevent a prosecution or conviction when both sides do not want the case prosecuted. Of course, each case is different, but the earlier you seek the help of an aggressive defense attorney, the greater the chances of avoiding prosecution.
If you or someone you care about has been arrested for a DV charge in Vista, Del Mar, Oceanside, Encinitas, or anywhere in San Diego County or California, call me, Joel Bailey, immediately. I am ready and I can make the difference between jail and freedom.