Orange County Domestic Violence Lawyers    
                                 
Domestic Violence Arraignment: An Overview

If you are arrested for a domestic violence crime in Orange County, you and your Orange County Domestic Violence Lawyer will appear together at your first court appearance, called an arraignment. The arraignment is a court hearing at which a person accused with the crime of Criminal Threats, Domestic Battery, Corporal Injury or any other misdemeanor or felony—is informed of the nature of the charges against then, is given a copy of the Complaint (document listing formal charges), and given an opportunity to enter a plea. See Penal Code Section 988. At the arraignment the judge must also advise any unrepresented person charged with domestic violence of their right to have a Domestic Violence Attorney in Orange County. If the person cannot afford a lawyer the court will appoint a Domestic Violence Lawyers in Orange County free of charge. The judge will also advise the defendant of other important trial rights.

If the person accused with domestic violence has not yet posted bail, the judge will set bail. If bail has already been set the defendant’s Orange County Domestic Violence Attorney  can make a motion to lower the bail if there are “changed circumstances” since bail was set in the first instance.

If the defendant is in custody either because bail has not been set or because the defendant hasn't posted it, then the arraignment MUST take place within 48 hours (not including weekends and court holidays) of the arrest for Domestic Violence offenses. If the defendant was arrested for domestic violence without a warrant they are entitled to a probable cause hearing before a judge or magistrate as soon as reasonably feasible but not later than 48 hours after arrest—weekends and holidays may NOT be excluded. Usually, when a person is arrested for domestic violence without a warrant the two hearings—the arraignment and the probable cause hearing—are typically combined. However, while a domestic violence defendant is entitled to a Domestic Violence Lawyer in Orange County at the arraignment, this is not true for the probable cause hearing.

Finally, if the Orange County domestic violence case is NOT settled at the arraignment—and they usually are not—then the judge will set a date for the next court appearance.

If you face charges for domestic violence in Orange County call the experienced Orange County Domestic Violence Attorneys at the Law Offices Of EJ Stopyro at (949) 559-5500. Or visit our website at www.EJEsquire.com.

Domestic Violence Attorneys in Orange County