Domestic Violence Arrest: Getting Released From Jail

Orange County Domestic Violence Lawyers 

If you are arrested for Domestic Violence in Orange County, you will either be: 1) released with citation; 2) released on your “own recognizance”; 3) released if you post bail; or 4) held in custody until your case is resolved. Naturally, your Domestic Violence Attorney in Orange County will do their best to earn the best possible release for you.

If you are arrested for a minor offense, such as a simple assault or battery, the arresting officer has the discretion to release you on your signed promise to appear after issuing you a citation with the date and time for you to appear in court at the arraignment. The citation will also contain the code section of the domestic violence offense that you are accused of committing. Have this citation handy when conferring with your Orange County Domestic Violence Lawyer because they will need the information listed on it.

An “own recognizance” (O.R.) release is available only from the court. At the arraignment, your Orange County Domestic Violence Attorney will have the opportunity to petition the court to grant you an O.R. release. Your defense lawyer must convince the judge that you will not flee the jurisdiction before your case has been litigated. Orange County domestic violence attorneys do this by showing the court that you have family or loved ones in the county and that you have other significant contacts here as well, such as a job and friends. If you own property in Orange County, this can also show that you are not likely to flee. Your defense lawyer must also convince the judge that you do not pose a danger to the victim or to society. If the judge believes that you do pose a danger or that you are a flight risk, you will not be granted an O.R. release.

 If your Domestic Violence Lawyer in Orange County is successful in getting you an O.R. release, the court will often impose conditions on this release. If you violate these conditions, you will likely be remanded to custody until your case is over. Typical conditions include obeying any protective order or restraining order and not having any contact whatsoever, either directly or indirectly, with the victim in the case. Other conditions may include seeking counseling for substance abuse or anger issues.

If your Orange County Domestic Violence Attorneys can’t get you an O.R. release, you still have the right to post bail to get released during your case. The amount of bail will vary depending on the seriousness of the crimes against you. There is an Orange County bail schedule that lists the recommended bail for most offenses. In domestic violence cases the typical bail ranges from $10,000.00 to $100,000.00. Whatever your bail is, you can post the amount with the court and be released until your case is final. The logic is that if the court has your money, you will not flee. However, if you do not have the amount of bail, you can hire a bail bondsman to post bail for you. A bondsman typically charges you ten percent of the bail amount to put up the rest of the bail for you. So, for example, if your bail is $10,000.00, you can give $1,000.00 to a bondsman who will then put up the entire $10,000.00 to get you out. If you do flee the jurisdiction, the bail bondsman loses the entire amount. Your Domestic Violence Attorneys in Orange County will know several bondsmen and can usually get you a small break on the price.

If you are in this country illegally, not even your Domestic Violence Lawyers in Orange County can get you out of jail. You will not be able to post bail because the jail will put an immigration hold on you. This means that you will likely be deported once your case is over and any sentence has been served. Also, if you were on probation when you were arrested, you will likely be denied bail and held in custody until your domestic violence case has been litigated.

If you have been arrested for domestic violence in Orange County, call the Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential consultation with an experienced Orange County domestic violence lawyer. Or visit our website at www.EJEsquire.com.