Arrested for Domestic Violence in California
Getting divorced. Bad brake-up. Vindictive ex. Just a bad night. There are many reasons why people get arrested for domestic violence. It could be battery, vandalism, criminal threats or other charges. Whatever the charge and whatever the reason, once the wheels of “justice” start turning, things seem to roll downhill fast. And, once the train starts down that track, it is hard to get it stopped.
The first thing that any good lawyer will tell their client is to remain silent. It’s often difficult, but I would encourage my clients to both remain silent, AND ask to speak with a lawyer. There is a difference between the two concepts. If one is arrested and remains silent, that does not stop the police from asking questions. They can come back as often as they want and keep trying to get a statement from an arrestee. By contrast, if we ask to speak to a lawyer, that (in theory) stops all attempts by law enforcement to gain incriminating statements from suspects.
Beware though, just because you have asked to speak to a lawyer, Police are allowed to ask questions about other topics or other crimes unrelated to the arrest charges. This is why it is important to do both: Remain silent and ask for a lawyer.
I am not saying this is easy either. I know that police are trained in getting people to talk. I know that most people want to tell the truth. We want our side of the story to be heard. We have a natural tendency to want get things off of our chests. This is why we must be vigilant in our stance of remaining silent and asking for a lawyer. Be nice. Be cooperative and exercise your constitutional rights. There will be a time to talk later…When you get to your lawyer’s office.
Next let’s talk about custody status. There are a lot of new bail rules in California that have changed the way things work when we get arrested. Your lawyer should talk to you about bail Do we want to bail out immediately, if possible. Do we want to wait to see the judge, or do we have to wait to see the judge? Can we get the bail reduced somehow? Do we need a bail bondsman or can we bail out some other way? How much does bail cost? Where does the money go? Do we get it back? These are all questions your lawyer should be answering for you as he does his best to get your home as quickly and cost effectively as possible.
Once you are home your lawyer should want to talk to you about your case. I normally want to talk to my clients extensively about their cases before I become tainted by reading the police report. The police were not there. They may not know what really happened. The people who spoke to the police may have motives that are dishonest or motivated by hate, money, greed, or other reasons.
Next is the initial court date or arraignment. At this hearing, we are formally advised of the charges and given an opportunity to plead “guilty” or “not guilty”. Typically, we will plead “not guilty”. This is not to say that we did or did not do anything wrong. This acts more like a legal placeholder. We do not plead guilty and throw ourselves on the mercy of the court. Rather, we review the reports and other evidence. We conduct any necessary defense investigation. We discuss the case with our clients and then attempt to negotiate a resolution of the case or set the case for trial.
What happens from this point forward depends on many things: Is the charge a felony or misdemeanor? Is the alleged victim cooperative? What is the state of the evidence? What are the alleged injuries? Does the client have any significant criminal record, is he on probation or parole? Will a conviction affect the client’s job, immigration status, divorce/custody situation?
If you or someone close to you is facing domestic violence charges in California, call a lawyer who has been successfully defending people for over two decades. Remember, if your lawyer is trying to scare you to death or is making promises you know he can’t keep, you are not talking to the right lawyer.
Attorney Jeffrey Vallens (818) 783-5700