An Arlington police officer is obligated to make a domestic violence arrest and follow their duty when they believe probable cause exists under the circumstances of their investigation. When found in a situation like this, an individual should expect to be placed under oath, have their Miranda rights read to them, and be questioned about the event. If arrested or believe that it is a possibility, a person should invoke the right to counsel and politely decline to answer any questions the officer may have.
In many cases, there are misdemeanor offenses tied in with a domestic violence charge. When a misdemeanor offense occurs in the presence of an officer, he or she can issue a summons. This legal document notifies the individual that he or she must appear in one of the Arlington courthouses. In this case, a person is not actually physically put under arrest and taken to the station.
However, in relation to a domestic violence offense, an arrest will most likely occur because of the nature of the crime. The person taken into custody via handcuffs, removed from the scene, processed and potentially bonded out, or remains in custody until they get an arraignment. After getting arrested for domestic violence in Arlington, expect to be taken to the local adult detention center which located on North Courthouse Road in the Clarendon-Courthouse section.
A person may be served an emergency protective order or preliminary protective order after being taken into custody, and will be taken before a magistrate. If intoxicated, that individual will be taken before a magistrate once sober.
In order to qualify for an order of protection in Arlington, there must be a reasonable fear of imminent bodily harm or an active abuse reported by an individual who feels victimized. The fear has to be justifiable, meaning it cannot be made up, taken out of context, or exaggerated upon in the mind of the alleged victim. The apprehension has to be imminent, meaning that they cannot say that sometime in the very far future or sometime in the past, the accused assailant made a threat.
There are many reasons that a domestic violence attorney would advise the accused to refrain from speaking with law enforcement. By ignoring this advice, one may unintentionally give out information that can be used against them in court. Domestic violence cases often occur in the heat of the moment when someone is distracted or otherwise had things on their mind. This often leads to someone making admissions that go above and beyond what actually happened.
The confession of the innocent person is where a person admits to a crime because they think it will help them and then later want to retract that admission. At that point, building a defense is a difficult process and sometimes unattainable. That person consciously made the decision to say that they committed the crime, it would very hard to argue that the person is innocent afterward.
When the defendant is in custody and charged with a criminal offense, an investigation to provide information relating to a pretrial release can be conducted. When attempting to have their client released after the arraignment, an Arlington domestic violence attorney will argue that the person is not a flight risk, has ties to the community, and that the risk of impact with the alleged victim is minimal.
In a case of domestic violence, the accused may be required to have no contact with the alleged victim and reside outside of their residence. They may be required to undergo regular drug and alcohol screenings and be under pretrial supervision including having a pretrial officer with whom they check-in on a regular basis. They may be required to maintain active employment or schooling and adhere to other conditions the court finds appropriate.
A no contact order means the party should have no contact with the alleged victim in a domestic violence case. No contact means no physical contact or phone calls, as well as no contact via other electronic means as well such as text messages or email. Additionally, it means no contact directly or through third parties. This means they cannot contact the person through a friend, pass messages, or do other things that may be construed as attempting to contact them.
If someone fails to abide by the provisions of a no contact order, they should expect their pretrial release will be terminated and they will be waiting in jail until their case can be resolved. In the case that a no contact order is given, it is important to refrain from contacting the other party involved in the charge. Failure to abide by a court order may result in their being found in contempt and may often find them in need of some other assistance. They must abide by all court orders, because there could be a new charge or it could also mean they are waiting in jail and losing their liberty while awaiting trial.
In practical terms, it is not always possible to have an attorney available to consult with once arrested, especially for domestic violence which often occurs in the heat of the moment. However, an attorney can help in a variety of ways throughout the whole judicial process.
It is especially useful to hire an attorney that is familiar with a specific jurisdiction such as the one in Arlington. They have experience in the law and know the judicial system. They can help with understanding the process, answer questions that one may have, and clarify how the prosecutors work so that an individual does not have undue anxiety or stress throughout the time period.
Patrick Woolley Attorney At Law