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.