With the growing Covid-19 pandemic, law enforcement in San Diego County have been advised to reduce the amount of arrests dramatically. Historically, for the last twenty years (post OJ Simpson), if cops arrived at the scene of a domestic violence incident, one of the participants would usually be arrested for 273.5a PC (felony Domestic Violence). This is a "CYA" strategy to prevent liability and avoid the potential for further violence, but also had the collateral effect of an actual arrest, for a felony, which required between $10,000 and $100,000 in bail.
Many times after a response to domestic violence call, and arrest for felony, the reviewing DA's office would only file misdemeanor charges, or in some cases, no charges at all. However, the fact of the felony arrest remains on law enforcement records,and the damage was one. If one is looking for a silver lining in the Covid clouds, it can found in the fact that a person normally arrested for felony Domestic violence will currently only be cited for a misdemeanor offense.
Domestic violence cases are still a political hot-button, and the DA's office receives federal and state grants incentivizing filings of DV charges, so its always a good idea to contact an experienced, local attorney if you've been contacted by police concerning a domestic violence incident. In many cases, I've been able to show the "other side of the story, where the DA's use reasonable discretion, and we prevent a criminal case from even being filed.
Call today if you'd like further information on how I can help.
760 643 4025
Serving Carlsbad, Encinitas, Oceanside, San Marcos, Escondido and all of Southern California.
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