Domestic violence is a severe offense whose charges can result in lengthy jail or prison time and a hefty court fine. You could face domestic violence charges for abusing an intimate partner, parent, child, or someone you have been in an intimate relationship with or have a child with. Domestic violence cases are rising, and the police are making arrests to calm situations and prevent further abuse. After arrest, you could remain in jail for a long time as you wait for trial and the determination of your case.
But judges usually allow bail for defendants facing domestic violence charges. You must pay full bail for the police to release you from jail. The problem is that domestic violence bail is usually high, owing to the seriousness of the offense. Not many defendants can afford it, and so most defendants are forced to remain in police custody for months until a judge gives the final verdict on their case.
You can find the assistance of a reliable bail bond service to quickly obtain a pretrial release, even if your bail is expensive. That way, you can return to your life, hire an attorney, and plan for your defense. Doing so will improve your chances of obtaining a favorable outcome for your situation.
Domestic Violence Is a Serious Charge
Domestic violence laws criminalize harm and threats of harm to these people:
- Current or former spouse.
- Current or former cohabitant.
- Current or former co-parent.
- Current or former dating partner.
- Current or former intimate partner.
Sometimes, the list of protected people under domestic violence laws can extend to children, parents, and close relatives.
When the police respond to a domestic violence call, they must make an arrest. The person who calls for help is instantly assumed to be the victim, and the other person is the abuser. The abuser is taken into police custody, and the prosecutor takes over. It means that your chances of facing domestic violence charges are high when someone calls the police on you for domestic violence.
The possible consequences of a domestic violence conviction include the following:
- Jail or prison time, the length of which depends on the details of your case and your criminal history.
- Mandatory involvement in a batterer’s program or domestic violence class.
- Payment of court fines and victim restitution (if it applies to your case).
- A restraining or protective order that could keep you away from the people or places you love.
- Loss of essential rights, like custody and gun rights.
- A damaging criminal record.
- Serious immigration consequences if you are an immigrant, including possible deportation and being marked as inadmissible to the United States.
Most of the consequences will apply to misdemeanor and felony sentences. You must work hard to fight your charges and avoid a conviction. You will likely do so if you have enough time to talk to a skilled criminal defense attorney, gather evidence, and prepare for trial. A release on bail after a domestic violence arrest is an excellent idea.
What Follows a Domestic Violence Arrest?
Arguments and disagreements between loved ones are prevalent. Sadly, they can quickly escalate into major legal issues that could leave one or more people in police custody. Fights between and among loved ones can become ugly, requiring police intervention. When the police are called into a domestic violence situation, they must make an arrest. If your current or ex-intimate partner, a child, or a parent calls the police on you, the responding officer must arrest you to stop the violence and allow the alleged victim to file a complaint in court.
The legal process after a domestic violence arrest is the same as with other offenses. You will be booked into the police database, where the officer will enter your name, address, physical description, fingerprints, and mugshots. The police must keep you in their custody as they await communication from the judge.
Meanwhile, the prosecutor will prepare and file your case in court under PC 13700. Your charges will depend on the details of your case. For example, the prosecutor must consider whether you committed battery, abuse, threats, or neglect. They must also consider your criminal history. In that case, they can file misdemeanor or felony charges against you. For example, if you commit domestic battery and the alleged victim sustains a physical injury, the prosecutor will likely file felony charges. The prosecutor can also file a different charge under the domestic violence laws, depending on the specifics of your case. For example, they can file the following charges:
- Corporal injury on an intimate partner.
- Spousal abuse.
- Domestic abuse.
- Child abuse.
- Child endangerment.
- Child neglect.
- Elder abuse.
- Criminal threats.
- Stalking.
- Damaging telephone lines.
- Aggravated trespass.
- Revenge porn.
The court process will start once the prosecutor files criminal charges against you.
The Bail Hearing
The judge will hold your first court appearance immediately after the prosecutor files charges against you. The first court appearance is also a bail hearing. But first, you must answer your charges.
The judge will start by reading your charges and allowing you to enter a plea. You have three plea options: guilty, not guilty, and no contest. If you plead guilty, you will not go through trial. The judge will set a sentencing date. However, they will set a hearing date if you enter a not guilty or no contest plea. They will then discuss your bail matter.
The law allows bail for domestic violence-related offenses. However, the amount is usually high due to the gravity of these offenses. A higher bail ensures that defendants honor all their court dates.
In most cases, bail is usually predetermined through a bail schedule. Knowing your bail amount for the particular charges you face is possible. But the judge sets the final amount, which could depend on your charges' severity and criminal history. A felony charge will have a higher bail than a misdemeanor charge. Also, the judge can set a higher bail if you are a flight risk.
The judge can release you on personal recognizance if you are a first-time offender. It means that you will not pay anything to obtain a pretrial release. But you must promise to make all court appearances without fail.
The judge can deny you bail. For example, if you are likely to reoffend while out on bail or your victim fears for their safety, the judge can deny you bail. But instead of doing so outright, they can set a higher bail that could be difficult to pay. You can negotiate for bail reduction with the help of a skilled attorney.
Once the judge sets the amount, they give you options for posting your bail. For example, you can post cash bail, provide a property bond, or pay a surety bond through a bail bondsman.
Cash Bail
Cash bail is the most common way to obtain pretrial release after a domestic violence arrest. But you must raise the entire bail amount for the police to release you. If you do, the court will keep the money and give it back at the end of your case, regardless of its outcome.
The challenge with cash bail comes when the amount is too high for your family to afford. Remember that domestic violence is a severe offense under the law. It means that your bail will likely be high. Raising the total amount could be difficult for your family in that case. Even if they do, it could take some time, leaving you in police custody longer than needed.
Property Bond
A property bond is a good alternative for families with valuable assets who need more cash to post cash bail. If the judge allows a property bond, you can hand over the ownership of available property to the court for the period your case will last. The court will sign the property back to you at the end of your case, regardless of its outcome.
However, signing a property away to a court can take a long time. The court must first verify and appraise the property documents to ensure that the property value is sufficient to cover your bail.
Surety Bonds for Domestic Violence Crime
Sureties or bail bonds are slowly becoming popular in criminal justice. They are financial services offered by third-party companies to defendants and families who cannot afford to bail their loved ones out of police custody. Bail bond companies post surety bonds on behalf of their clients and assure the court of full bail if the court forfeits their client’s bail. Then, they work with the defendant to ensure that the defendant honors all court dates and follows through with their case until its conclusion.
It is straightforward to find a bail bond company after your arrest. Someone close to you must contact a reliable company for financial assistance if you cannot afford cash bail. Fortunately, these companies are strategically located near local jails and courts. Also, they are always ready to offer financial assistance to defendants who cannot afford to post bail.
With the assistance of a bail bond company, the police can release you almost immediately after your arrest. It is because bail bond companies work quickly and efficiently to ensure you do not spend more time in jail than you should. You should be able to return to work, school, and your family as if the arrest did not occur. Bail bond companies also work confidentially with the defendant. No one needs to know you were arrested for domestic violence, which could injure your reputation.
Benefits of Choosing a Bail Bond Service after a Domestic Violence Arrest
Bail bonds offer several benefits to defendants and families that wish for pretrial release but cannot afford to post bail. Remember that bail is costly, even for a simple misdemeanor charge. Criminal courts use bail as collateral to ensure that defendants attend trial and other court hearings without fail. The amount is higher for more serious offenses, like domestic violence. That is why it is not unusual for defendants or their families to find it difficult to raise cash bail for a pretrial release. Bail bond companies are usually prepared with the money to post bail and quickly return to your everyday life.
Bail bonds are also more affordable than cash bail. The court expects the full bail amount if you post cash bail. But that can be difficult for a family that is already struggling financially. Even if you seek the help of your friends and relatives, it could take a while to raise the total bail. That will leave you in police custody longer than you anticipated. Bail bond companies charge a small percentage of the full bail. The standard cost is usually 10%. Once you raise the premium, you will only pay something else if the court forfeits your bail.
Bail bond companies are also highly reliable. Their services are exclusively for defendants who cannot afford bail. They will be willing to work with you regardless of your financial situation and the charges you face. The company only needs to know that you are ready to follow through with your case to the end. They must be sure of your willingness to attend all court sessions to avoid losing your bail to the court. They will also want to be sure that you can pay the premium, doubling the fee for their service. If you meet the bail bond company’s requirements, they can process your release in minutes.
Bail bonds are also available around the clock. The police do not have a standard time for domestic violence arrests. Most related arrests occur in the middle of the night and over the weekends. Those are the times you are least likely to find an open financial institution to obtain money for a bail release. However, bail bond companies provide services when and where you need them. You can contact a bond company even in the middle of the night for financial assistance. You can start the bail process over the weekend. Whatever the time of your arrest, someone will quickly process your release before you spend more time in jail.
The Bail Bonds Process
When working with a bail bond company, the bail process will start with identifying a reliable, affordable, and timely bail service. All bail bond companies are not the same. That is why you must do a background check to identify the best one to work with. If you are not in a position to do this, a friend or family member can do it for you.
Note that some companies charge a higher premium than others. Even though the standard fee for bail bonds is 10%, affordable bail companies can offer a lower rate if you negotiate and provide collateral for their service. Some companies have hidden charges, like processing fees, posting fees, travel expenses, and notary fees. These will raise your charges, making the service more expensive in the long run. Choose a company offering a flat rate with no interest or hidden fees.
Before signing a contract with them, learn about the bail bond company, its services, and what is expected of you. A good company will be quick and open to providing the information you need to decide. Also, explain your expectations to the company and ensure you are on the same page before making the final decision.
Once in agreement, the bail bond company will ask for the information they need to start the bail process. They will need your name, address, date of birth, case details, and, if possible, the jail where the police are holding you. Once you or your co-signer sign the agreement, it will take a few minutes for the company to bail you out of jail.
Note that the company could require you to provide collateral for bail bond service. Collateral can be anything of value that the company can hold onto until the conclusion of your case. It will cover the company’s financial loss if you fail to appear and the court forfeits your bail.
Find Affordable Bail Bonds Near Me
Are you or someone you love in police custody after a domestic violence arrest in Temecula?
You do not have to remain in jail until the end of your case since you have the right to a bail release. But you must post bail for the judge to grant your freedom. You could consider bail bonds if you cannot afford cash bail and property bonds.
Bail bonds offer excellent relief for defendants and families that cannot afford cash bail for pretrial release. But you must demonstrate a willingness to go through a trial for a bail bond company to offer financial assistance to you. That way, the company will not be at a loss if the court forfeits your bail after you fail to appear.
Our bail bond service at Justice Bail Bonds is affordable, reliable, and timely. We also offer convenience in terms of payments to make it easier for you to obtain pretrial release as quickly as you need. Call us at 714-541-1155 to learn more about us.
