Call Us Today - It's Free! Text Us
Menu
Call
Contact
Text Us

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.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

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 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.

Meet Our Team

Our Criminal Defense Attorneys: How to Take Back Control of Your Life, And Your Future.

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.

Contact Us
01

Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.

Schedule a Meeting
02

Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.

Take Back Your Life
03

We work to resolve your legal problems so you can focus on what is most important

RESULTS WE'VE SECURED FOR CLIENTS

156+
Reviews

Why You Can Trust Us with Your Future

Our Criminal Defense Practice Areas

Our videos

Going to Court?

See All Courts