If you are arrested for domestic violence, you may choose to post bail in order to earn your release from jail. This article explains how that process works, the cost of bail related to your crimes and similar details you might want to ask your Vista domestic violence attorney.
First, it’s important to realize that because domestic violence is taken very seriously in San Diego County, bail for domestic violence is higher than bail for committing battery against a random stranger on the street. Next, it is also worth noting that domestic violence charges can be filed against either partner in a relationship and that the couple does not need to be married, or even together at the time. Domestic violence charges can be brought up against lovers, exes, spouses, co-parents of a child, and other persons involved in an intimate relationship. If you aren’t sure whether your connection to someone else qualifies as a “domestic” relationship, your Vista domestic violence defense lawyer can help evaluate the situation.
Most of the time when police are called in for domestic violence, they end up arresting someone -sometimes they even arrest both parties. If there is sufficient evidence that domestic violence occurred, the prosecutor will generally press charges even if the other person does not wish to do so. That’s why it is so important to speak with a domestic violence attorney in Vista as soon as you are arrested.
After you have been arrested, you may choose to pay bail or wait for the arraignment to see if the judge will release you on your own recognizance. If you choose to stay in jail instead of posting bail, typically you wait three court days until your arraignment. Weekends and holidays do not count as court days so an arrest at the start of a long weekend can mean waiting five days in jail before you see a judge. If you are not released, you can also take this opportunity to have your lawyer argue for the bail to be reduced.
If traumatic condition occurred to the victim, then the arrest is for felony domestic violence and the bail is $50,000. An additional $50,000 bail will be added if the victim suffered great bodily injury. Many times, however, prosecutors choose to charge a felony arrest for domestic violence as a misdemeanor. Additionally, if you violated an existing stay away order, you may have an additional $10,000, $20,000 or $40,000 in bail.
If you have been charged with any type of spousal abuse and have any questions, please call Vista domestic violence lawyer Peter M. Liss at (760) 643-4050.
Creative Commons Image by Randy Heinitz