In many cases involving allegations like DUI or misdemeanor drug possession, the police will cite the person and give them a court date without necessarily taking them into custody. However, because law enforcement often feels that there is too much risk of injury, a higher percentage of people are taken into custody over domestic violence allegations, even for relatively minor offenses.
Those facing domestic violence arrests in Gilbert should reach out to an attorney right away. You are much more likely to get a good outcome if your case is handled the right way from the beginning. At Grand Canyon Law Group, our dedicated lawyers are here to provide the relentless representation you need.
Whether law enforcement makes an arrest will depend on the agency, as each has its own policies. Generally, they will arrest if they think a domestic violence incident has occurred or if they think there is any risk of someone being injured or harmed. All they need is probable cause to arrest a person.
There is no strict definition of probable cause. This term simply means that there is enough evidence for a reasonable person to believe domestic violence occurred. This is a low standard compared to “beyond a reasonable doubt,” which is what the prosecution must prove to get a conviction at trial. As our Gilbert attorneys can attest, it takes much less evidence to arrest somebody than to convict them of domestic violence.
After a domestic violence allegation, the accused person will likely be arrested and booked in a city jail. They could even be booked under felony charges if there were serious accusations of harm like choking or strangulation or if they had prior domestic violence offenses.
The arrested person will then go through the process of appearing before a judge and getting release conditions, which will likely include no contact with the named victim. It is crucial for a person arrested on domestic violence charges to work with a skilled local attorney throughout the pre-trial process. From the moment a person is arrested, the lawyers at our Gilbert office can work to prepare for a domestic violence trial while negotiating a favorable plea agreement or case dismissal.
Anything a defendant says can and will be used against them in court. An arrested person should not make statements to the police or try to justify their actions, nor should they get confrontational or fight against the police. It is best to remain silent and contact a seasoned attorney who can help tell their story the right way.
Having legal counsel as early as possible in a domestic violence case can have a significant impact on the outcome. A lot of evidence in these cases involves people’s own statements, and a skilled attorney can help ensure that your story is not twisted or taken out of context.
After a domestic violence arrest in Gilbert, let Grand Canyon Law Group be your relentless advocate. We are prepared to fight for your rights and your way of life. Call us today to get started.