Getting released from jail after you are arrested for domestic violence is a slightly different experience than posting bail for other crimes due to the emotional condition of the person arrested and his or her loved ones. If you or a loved one has been arrested for domestic violence, a Del Mar domestic violence lawyer can help you obtain bail.
Domestic violence in San Diego is a serious issue and the bail for this charge is more expensive than the bail for similar crimes that don’t involve family members. Generally speaking, the bail for felony domestic violence, which occurs when a traumatic condition affects the victim, is $50,000. An additional $50,000 bail can be added if the victim has suffered great bodily injury and an extra $10,000, $20,000 or $40,000 bail could be added if you violated a stay away order, commonly referred to as a restraining order. Usually though, domestic violence is filed as a misdemeanor, meaning the bail will be $500.
Bail can be paid through bail bondsmen who require 10% of the bail total as their payment although many will go to 8%. You do not get any money back even if charges are not filed. You can also post bail with cash for the entire amount. You do get all the money back so long as the accused appears for all court appearances.
It doesn’t matter if the partners are still together, living together or married, if two people have had an intimate relationship together, police will consider the crime domestic violence and not just battery. Either partner in a relationship can be arrested for domestic violence and in some cases, both partners will be arrested. The bottom line is that when police are called for a domestic dispute, they almost always arrest at least one person -even if the other partner says they don’t want the police to be involved or for charges to be filed. It is critical that anyone arrested for domestic violence contact a Solana Beach domestic crimes attorney as soon as possible.
When you are arrested, you will have the option to pay your bail or wait for your arraignment to see if you can be released on your own recognizance. Usually the arraignment will be held within three court days, which do not include holidays or weekends. If you are not released on your own recognizance, your Carmel Valley may be able to negotiate for your bail to be reduced.
If you are facing domestic violence charges, a Torrey Pines defense lawyer can help you obtain bail and fight the charges. Please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation with Peter M. Liss.
Creative Commons Image by Gareth Simpson