Blog by Attorney Tracy Catherine Miller – December 21, 2024
If you’ve been arrested in California, you can consider contacting a criminal defense attorney to help protect your rights. I am a criminal defense attorney in California.
As a domestic violence lawyer, and Former Deputy District Attorney, I have been on over 200 “ride-alongs” with law enforcement when I worked for the District Attorney’s Office as a Felony Prosecutor. I have been practicing for over 20 years, with a proven record of success who works throughout the State of California. I can also help you with cases that involve DUIs, thefts, firearms, embezzlement, drug possession crimes, expungements, and protective orders. I often offer free consultations and will consider payment plans. In this blog, I provide you with some basics you should know.
#1: When I discuss the “after” arrested phase with clients, I usually start with a “before arrested plan” because most clients referred to me by family law lawyers are advised that the lawyer is seeing and hearing things from the opposing spouse or their attorney that indicate that an arrest based upon domestic violence allegations is likely. What can you do to prepare if you think you may be arrested for domestic violence? Quite often many of our clients know that an arrest is “coming” because their spouse threatens to call the police and accuse them of domestic violence to gain leverage in a custody battle, or perhaps because a spouse is presenting the other with a “warning” to stop the behavior that they feel is abusive. Whatever the reason, if you “feel” an arrest is possible or likely then be sure to document things, remain calm, contact an attorney and if the attorney asks for payment for a consultation or representation, finance the same without using community property funds or a joint credit card that you share with your spouse. Another plan is to pack a bag with essentials, personal items and a few changes of clothes. Keep them in a place other than your family residence in the event that you are arrested because “stay away” or “protective orders” could follow an arrest which will disallow you from returning to your home.
#2: Should you tell your side of the story to the police? If you are arrested, do not make any statements to law enforcement. You simply state to the police officer “I will not answer any questions without an attorney present” then calmly comply with the booking process. Do not argue with the police or resist arrest and do not discuss or try to explain your side of the story. That is very difficult because most of our clients believe if they tell their side they will be released by the police, which is unlikely to happen.
#3: How much is Bail for Domestic Violence Felony Charges? the “Uniform Bail Schedule” governs how much you will pay for bail depending upon the charge, whether Felony or Misdemeanor
Here’s the link for the schedule in Orange County, California: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.occourts.org/system/files?file=criminal/felonybailsched.pdf
Domestic violence offenses are listed in the Orange County Superior Court Felony Bail Schedule as a violation of Penal Code Section 273.5 “Corporal injury of spouse, cohabitant, former spouse or cohabitant or mother or father of his or her child” and the bail amount for that charge is $50,000.
#4: Pre-file Representation. What is it and how can attorney help you after an arrest? An arrest can be a frightening experience. At my criminal defense law firm, we are committed to asserting your rights from day one. Our pre-file services aim to have the District Attorney’s Office reject filing criminal charges against you. We offer experienced legal guidance before formal actions are taken, ensuring you’re well-prepared, even if charges are officially filed against you.
#5: What if charges are filed after arrest? The next step is an Arraignment where you will plead guilty or not guilty. This is called Post-filing Representation and we are there with you to use what we learned from the start to provide continued support and assert your best defense to gain the most optimal results for you in the end of your case, with the goal of reduced charges or even a dismissal. Mitigation is a topic that is related both to #4 and #5 and we will use that to present what the law refers to as “Mitigating Factors” to the District Attorney’s Office and/or the Court. As a former Deputy District Attorney, I understand what there office is looking for to have your matter resolved with the best outcome.
When you are serving serious criminal law issues, turn to California Criminal Defense Lawyer, Tracy Catherine Miller and her law firm where we have offices conveniently located in Newport Beach, close by the Harbor Justice Center at 4601 Jamboree Road, Newport Beach, California.
📞 Contact us today at 949-429-8098 to learn more about how we can support you!
