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In many cases, someone can be granted pretrial release for domestic violence in Oakland and continue working or caring for his or her family while waiting for his or her court date. However, there are certain circumstances that could make a release difficult or impossible.

It is highly advisable to speak with a knowledgeable defense attorney as soon as you are accused of committing home abuse. These are serious charges and require the experience of a skilled lawyer to build a strong defense.

Considerations for Release Following a Domestic Violence Charge

After someone has been arrested for a domestic violence in Oakland, he or she will likely be released on bail or his or her own recognizance, meaning he or she promises to appear in court on a future date. However, if a judge has denied a defendant’s release or set a bail amount that a defendant cannot afford, local attorneys may begin researching background information on the defendant.

The purpose of that is to provide the court with the defendant’s background and address the individual’s ties to the community, risk to public safety, and flight risk. If attorneys are able to provide the court with documents, such as certificates of achievement, proof of higher education, community service, recent pay stubs or proof of gainful employment, and other matters that tie the person to the community the judge may be more persuaded to release the individual on their own recognizance or reduce bail.

The court will also look consider any prior convictions, the nature of past crimes, and any failures to appear in court. The court must balance the need to protect the community as well as the person’s liberty interest. If the past convictions or the instant offense are not serious, violent, or dangerous in nature the court may be persuaded that the individual is not a risk to public safety.

What Conditions Might a Judge Impose on the Accused in a Case of Home Abuse?

At the beginning stages of domestic violence proceedings, if a person was to be released, the judge might find it necessary to place certain conditions of the person’s release, depending on the underlying circumstances. For example, if there was alcohol involved in the household abuse allegation, the judge might order the defendant to attend AA classes.

Additionally, for domestic violence cases there is often a criminal protective order issued which usually prohibits the defendant from contacting the alleged victim. However, the complaining witness can appear in court on the accused’s behalf and ask the judge for a modification to allow for peaceful contact or termination of the criminal protective order.

Another condition of someone’s pretrial release regards being charged with new offenses in Oakland. Someone facing a domestic violence charge must avoid committing other crimes and must come back to court when he or she is ordered to appear. A lawyer could ask the court for permission to appear on the client’s behalf at upcoming hearings which allows the defendant to continue working or caring for his or her family without the inconvenience of attending every hearing.

Discuss Pretrial Release with a Domestic Violence Attorney in Oakland

Being arrested for domestic violence can be extremely stressful, especially if you are unable to post bail or if a judge denies your release. Fortunately, an experienced domestic violence attorney could build a case for your pretrial release in Oakland. A lawyer could then provide you with helpful guidance and advice throughout the criminal process. Call our office today and schedule a free consultation to learn more.

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The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.

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