An arrest for domestic violence follows the same procedure as any other seizure of an offender, the only difference is that domestic violence can be treated with caution and, sometimes, force when the perpetrator is seemingly violent. To know what happens and what one can do after one has been arrested, continue reading.
Capture and booking
Unless the police have a probable cause to arrest you at once because of an immediate threat, an arrest warrant is needed before an official apprehension is carried out. A warrant of arrest will be issued if there is enough reason and concrete evidences. Police can do stakeouts if there are rumors of you being abusive to your family or apply for a warrant of arrest immediately when a victim shows up in the police headquarters and directly tells about a perpetrator’s abuse. Once the alleged abuser is in their hands, he or she will be taken for booking where he she will be inspected, where his or her personal information will be taken, and where he or she will be turned over for detention.
Rights of the arrested
As per the Miranda Rights, a person under arrest is entitled to keeping his or her mouth shut during the entire arrest and eventual booking. Of course, one has the right to an attorney who should help the accused and even supply the answers to the interrogating police. If dealing with a battery charge, an accused needs a domestic battery lawyer.
As the defendant, he or she also need to watch out for certain things that can be used later such as how the police treated the accused, how they went inside his or her house, and how they took evidence of domestic violence (if possible).
Arraignment and trials
A domestic violence arrest will not instantaneously turn into a trial. An arraignment or a hearing where all the charges will be explained to the defendant shall commence before the official legal proceeding. It is also in this phase where the defendant will have to plead guilty or not guilty. If he or she goes with not guilty, the case will proceed to trial. Here, the prosecutor shall prove the defendant is indeed guilty and in return the accused will dispute the claims through the use of pieces of evidence and defense statements.
If the defendant plead guilty, he or she will follow the plea bargain that preceded the decision. For example, a defendant pleads guilty of domestic violence, the charges will be reduced from felony to misdemeanor. Note that there should be enough basis for the judge to allow reduction of charges.
If there is one thing all this information denotes, it is that an accused needs a domestic battery lawyer by his or her side. A reputable one will ensure that all the steps that one will take are lawful and helpful to the case.