In California, you’re under arrest when you are taken into custody by law enforcement. You can be arrested if a California police officer has a reasonable belief that you participated in a crime. You can also be arrested if a warrant has been issued for your arrest by a California judge. Under either circumstance you should carefully consider what you say and do from this moment on.
The Law Offices of Edward Misleh, APC is a Sacramento law firm, located in Sacramento, California that handles California arrests associated with domestic violence. Due to the fact that we primarily represent clients with family law matters, we are able to provide our Sacramento, California clients and clients in Northern California with services they need and deserve when addressing a California domestic violence charge. Call now our Lawyer Hotline. Call now 321-951-9164.
Domestic Violence Arrest
Domestic violence arrest often occurs when couples begin arguing and one person either begins to feel threatened or is assaulted by the other person.
Domestic violence arrest can result in a criminal protective order or an emergency protective order. Further, the victim, could then apply for a civil harassment restraining order or a domestic violence restraining order after your domestic violence arrest.
Booking and processing for your domestic violence arrest involves recording your personal information. This includes your name, address, date of birth and getting fingerprinted. You will also be photographed and searched to relieve you of all personal property. Following that, you will be placed in a holding cell.
Once arrested, your first court appearance will be at an arraignment, where you will be given the charging document. You will also be advised of your rights, and be told to find attorney before the next hearing, or be assigned a public defender. The conditions of your arrest and amount of bail you will need to post will also be set.
Being arrested or even contacted by law enforcement can be a very intimidating experience. Even if you are not arrested, you can be questioned about a crime, which could lead to your arrest. Should you be questioned by law enforcement, your first response should be; “I want my attorney present before I will answer any questions.”
Something to Remember
- Anything found during the search of your domestic violence arrest is admissible evidence which will be used against you in court.
- The holding cell could have other inmates. Talk to them about your domestic violence arrest and you run the risk of having an inmate appear in court to testify that you admitted to the crime.
- The jail cell you are in could be under surveillance, and if so, any video or audio recording can be used against you in court.
- Do not talk to anyone without an attorney. There are times that even though you have requested your attorney be present, you may not know that they are there because the jailers do not have to tell you that your attorney is waiting.
Because any form of arrest can lead to a criminal conviction, it is imperative to have a qualified attorney representing you in your matter.
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