The California criminal court system involves a series of procedures for individuals charged with a crime. When a suspect has been arrested for domestic violence, he or she will be transported to a police station to be booked. This process includes being entered into a criminal database, fingerprinted and photographed. The defendant will then be placed in a holding cell until he or she is released or transferred to a local jail. A suspect arrested on most domestic abuse charges in California cannot be released without posting bail unless a formal hearing has taken place. The defendant will not be released on his or her own recognizance (OR), which is release based solely on the defendant’s promise to reappear before the judge.

Like most states, California has a predetermined bail schedule. Depending on the specific circumstances of the arrest and the alleged abuser’s prior criminal background, the defendant’s lawyer may make a motion to have bail reduced. Once the defendant posts bail, he or she will be released, however a restraining order may be issued which typically prevents the accused from having contact with the alleged victim or with his or her own children. Any violation of this order will result in additional criminal charges.

The defendant’s first formal court appearance is called an arraignment. At this hearing, the defendant is advised of all criminal charges filed against him or her and communicated all Constitutional rights. In a domestic violence case, the defendant must personally appear before the judge. At this hearing the defendant enters a plea regarding the charges. After analyzing the facts surrounding the arrest, a defense attorney may or may not argue against any pending charges.

After the arraignment, the defendant’s attorney will begin to investigate the events surrounding the incident of alleged abuse. In many cases, the lawyer will hire a private investigator to help question witnesses and collect evidence. To ensure the best defense, the defendant should communicate every detail possible about the incident with the attorney, including any pertinent information about the events that led up to the incident. The attorney needs to know everything about the event so that he or she will not be surprised by any evidence presented by the prosecution. Having a lawyer is not enough. A person charged with domestic violence should hire an experienced criminal defense attorney who has handled D.V. cases before. The skilled attorneys at the Kavinoky Law Firm have successfully defended against countless California domestic violence charges.

If the domestic violence charge was classified as a felony, the defendant will have a preliminary hearing. This hearing resembles a mini trial without a jury. The judge considers the witnesses’ testimony to determine if there is enough evidence to either hold the defendant to answer to the charges, reduce the charges to a misdemeanor, or to dismiss the charges altogether.

If the judge doesn’t dismiss the charges (typically the norm), the case will proceed to trial. An intimate partner abuse trial can last a few days or a few weeks. The phases of the trial include jury selection, opening statements, examination and cross-examination of witnesses, closing arguments, and jury deliberations. The prosecution must convince every juror of the defendant’s guilt to secure a conviction.

If the jury does convict, the judge will hear arguments by both sides as well as the Probation Department to determine sentencing. The court may seek remedies that both punish and rehabilitate the offender. A defendant with prior convictions for domestic violence will likely face more stringent sentencing. An aggressive lawyer will advocate for the least intrusive sentence for his client.

A defendant arrested for domestic violence faces life-changing legal consequences. His or her family, reputation, career and freedom are all on the line. Consulting with a qualified criminal defense lawyer is the best way to ensure that the defendant’s rights are protected. Contact the Kavinoky firm today and secure a top-notch attorney who will assist with all aspects of a domestic violence charge.