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.
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.
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.
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.
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.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
The Nieves Law Firm is absolutely amazing. The best customer services experience I have had, great communication, astonishing experience, and overall a team of professionals that dedicate themselves to ensuring the best result. I am really happy to have worked with this team. Jimarielle was very helpful and provided me the comfort and understanding in every way possible. Highly recommend.
Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!