The Criminal Courts System - After the Arrest

Once a suspect has been arrested for domestic violence, he or she will be taken to a police station to get "booked," which means entered into a criminal database, fingerprinted and photographed. Once that process is completed, the accused will be placed in a "holding cell" until released or transferred to a local jail. In California, without first having a formal hearing, a suspect held on most domestic abuse charges cannot be released without first posting bail. This means that he or she can't be released on his or her own recognizance (commonly called OR), which is release based solely on a promise to reappear before the judge.

The amount of bail is predetermined according to a bail schedule. Depending on the circumstances of the arrest and the defendant's prior criminal history, the defendant's lawyer may make a motion to have bail reduced. If bail is posted, the accused may be released, but will likely have a restraining order issued against him or her which typically prevents the accused from having contact with the accuser or with his or her own children. Any violation of this order will result in additional criminal charges.

The arraignment is the defendant's first formal court appearance. At the arraignment, the defendant is advised of all pending charges and given his Constitutional rights. Unlike many other charges, in an intimate partner abuse case, the defendant must personally appear before the judge. This is the stage when the defendant pleads "Not Guilty" to the charges. Depending on the circumstances, a skilled defense attorney may or may not argue against any pending orders.

Once the plea has been entered, it is time for the attorney to begin his or her investigation. Many times the lawyer will hire a private investigator to help question witnesses. It is critical that the defendant shares every detail about the incident and what led to it with the attorney, because the attorney can only successfully defend a client when he or she knows everything and therefore can't be surprised by the prosecutor. This is why it is so important for the defendant to have faith and confidence in his or her attorney. The skilled attorneys at The Kavinoky Law Firm treat their clients with compassion and respect and have successfully defended countless California domestic violence cases.

If the defendant faces a felony for his or her abuse charge, the next phase is the preliminary hearing. A preliminary hearing resembles a "mini trial" except that there is no jury, only a judge. The judge listens to the testimony of the witnesses to determine if there is enough evidence to either "hold the defendant to answer" to the charges, reduce the charges to a misdemeanor, or to dismiss the charges altogether.

Assuming the judge doesn't dismiss the charges (which is usually the case), the case will move forward to trial. An intimate partner abuse trial can last a few days or a few weeks.

The trial includes several phases, including jury selection, opening statements, examination and cross-examination of witnesses, closing arguments, and jury deliberations. If the prosecutor can't convince every juror of the defendant's guilt, there cannot be a conviction.

If there is a conviction, the judge will hear arguments by both sides as to sentencing and may additionally ask the Probation Department for its recommendation. The court may seek remedies that both punish and rehabilitate the offender. More severe sentencing may face a defendant who has prior convictions for domestic violence. An aggressive attorney will fight for the best possible outcome and for the least intrusive sentence.

When arrested on a domestic abuse charge, the defendant faces life-changing consequences. His or her family, reputation, career and freedom are all in jeopardy. Speaking with a qualified criminal defense lawyer is the safest way to ensure that these possibilities don't become a reality. Contact an attorney from The Kavinoky Law Firm today for a free consultation and for the best representation.