West Palm Beach Domestic Violence Pretrial Release Arguments
If you have been charged with domestic violence, it may be worthwhile to learn the West Palm Beach domestic violence pretrial release arguments. A dedicated attorney could present similar arguments when arguing for a pretrial release on your behalf. A lawyer could also help you throughout your case and ensure that you are given a fair and just trial. Schedule a consultation to learn more about what an attorney could do for you.
First Appearance Before a Judge Following a Domestic Violence Arrest
When a person is arrested for a domestic violence or a domestic battery charge, they may appear in front of a judge within 24 hours of the initial arrest. However, a person’s arraignment does not happen for another 30 days. After a person has their first appearance in front of a judge, an attorney may decide to argue that the accused individual should be released from jail. A person can stay in jail if no one pays their bond or they do not meet the requirements of a pretrial release. However, an attorney could argue on a person’s behalf so that they can wait for their trial with their family.
Arguing the Probably Cause of the Arresting Officer
An attorney could decide to argue for a person’s release during their first appearance. A lawyer could point out that there was no probable cause or no right to suspect that a crime was committed. If there is no evidence of a crime, the court could decide to release the individual. However, in most cases, individuals are released with many conditions and limitations that they must uphold. Violation of a pre-trial release could result in penalties.
Combating a Danger to the Community Accusation
When debating whether the court should consider releasing a person before their trial, they may argue that the accused individual is a danger to the community. The court may refer to a person’s criminal past and argue that due to prior arrests and convictions, they could pose as a threat to not only the community, but the alleged victim of the domestic violence charge. However, a attorney could argue that there was a lack of violence committed by the arrested individual. A lawyer could also mention that the accused has a home, family, and job within the community.
If a court is worried about the accused individual running from away their pending charges, a lawyer could state that the accused person has no means of evading these charges. An attorney could reference a person’s family again, stating that they cannot leave because their family would be left behind.
Importance of Retaining a West Palm Beach Domestic Violence Attorney
When facing a domestic violence charge, it is vital for the accused individual to get in touch with an experienced attorney. One of the main benefits of hiring a private law firm as opposed to a public defender is that you can build a genuine connection with your attorney. By getting to know a lawyer, an attorney is able to understand what your best interests are. With this in mind, a lawyer could see to it that your case ends with a favorable outcome, allowing you to rejoin your friends, family, and loved ones.