DOMESTIC VIOLENCE DEFENSE

Arrest

If you are charged with domestic violence, you will be arrested. A police officer can make an arrest based on probable cause or a warrant from a judge. You may be processed at the scene and given court summons documentation, or you may be taken to a police station to be processed. If you are in police custody, you may be released on a promise to appear in court, or a bail hearing will be held in which a judge will determine bail. An experienced attorney can help get bail granted in this situation. If granted bail, you can be released from jail so long as you can post a bond. If you are unable to post a bond on your own, you can contact a friend, a family member, or bail bondsman to post it for you.

In domestic violence cases, the judge may attach certain conditions to your bail. These conditions may include:

  • Cooperation with the Family Relations office.
  • Counseling
  • Limited contact with your family members.
  • Complying with a protective order.

If you have been released from jail, you are required to appear in court for all of your hearings.

Pretrial Negotiations

Before you begin trial, your attorney will have the opportunity to meet with the prosecution to discuss the details of your case. Depending on strength of the defense, you attorney may be able to convince the prosecution that your case should not go to trial. In this case, your charge may be dropped or a plea bargain may be offered. If offered a plea bargain, an experienced attorney can help you decide if you should accept the deal, or take your case to trial.

Family Violence Education Program

The Family Violence Education Program (FVEP) is a diversionary program that may be available for certain types of family violence charges. If it is your first offense, or if you have never participated in this program, you may be eligible. If the program is granted, you can be released to the family violence intervention unit for up to two years, and there is a $200 fee. If you are able to successfully compete this program, the charges that have been brought against you will be dismissed.

Evidentiary Hearing

If your case is not resolved during the pretrial stage, then both the defense and the prosecution will have the opportunity to file motions. Typically, the defense will file motions asking that certain evidence not be used in court because it was obtained illegally. For example, if you were not read your Miranda rights, a confession may be thrown out, because it will be considered illegally obtained. At this time, the defense should also request to see “discovery,” which is the evidence that the prosecution has gathered and intends on using at trial. Witnesses that the prosecution will call and relevant documents are examples of discovery.

PENALITES

If your case goes to trial, a jury will decide the outcome. If a jury finds you not guilty, the charges will be dismissed and you will be free to go. However if the verdict is guilty, you will face the following penalties.

FELONIES

CLASS A FELONIES

  • Prison sentence of 10-25 years
  • Fine of up to $20,000

CLASS B FELONIES

  • Prison sentence of 1-20 years
  • Fine of up to $15,000

CLASS C FELONIES

  • Prison sentence of 1-10 years
  • Fine of up to $10,000

CLASS D FELONIES

  • Prison sentence of 1-5 years
  • Fine of up to $5,000

MISDEMEANORS

CLASS A PENALTIES

  • Prison sentence of up to one year
  • Fine of up to $2,000

CLASS B PENALTIES

  • Prison sentence up to 6 months
  • Fine of up to $1,000

CLASS C PENALITES

  • Prison sentence of up to 3 months
  • Fine of up to $300

Why Hire The Kaloidis Law Firm, LLC

If you have been arrested for a domestic violence crime, then you need to speak with an experienced attorney today.

Most judges will automatically believe the allegations against you and issue a protective order. These orders can force you out of your home, prevent you from speaking to or seeing your spouse, significant others, and sometimes even your children. You will also be forced to turn over any firearms you possess. A conviction for a domestic violence may result if you losing your right to possess a firearm permanently.

You have a right to a hearing and to challenge the issuance of a protective order. Do not be locked out in the cold. Get an attorney who is on your side, and ready to fight for you.

You have rights, but you need a qualified, aggressive attorney to protect them. Call the Kaloidis Law Firm, LLC today at 203-597-0010.