If you have been charged with driving under the influence, you are probably wondering if you should hire a DUI law firm to represent you in court. The state has heavy penalties for first-time offenders, including license suspensions, ignition interlock devices, and fines. Your lawyer will create a defense to try to reduce or dismiss…
Call a New Jersey Domestic Violence Attorney if You Have Been Arrested
If you have been arrested, you should contact a domestic violence lawyer immediately. Whether the officer made a discretionary or mandatory arrest, you face serious consequences. The consequences can begin before trial if the judge issues a restraining order. You could also get sentenced to prison if found guilty. Having a domestic violence attorney by your side can help you handle these charges.
How a domestic violence lawyer can help after an arrest
A domestic violence lawyer will start work as soon as a client calls. The attorney can represent the client during the detention hearing. Also, the attorney can gather evidence and attempt to get the restraining order dropped. These issues are time-sensitive, so accused parties are encouraged to call right after the arrest.
Represents clients during the detention hearing
New Jersey has reformed the bail system. Now, people charged with domestic violence undergo a Public Safety Risk Assessment. The assessment is scored from one to six. People who score a “one” are considered the lowest risk for failing to appear in court or committing a crime while out on bail. Those who score a “six” represent the highest risk in the eyes of the court.
The judge receives the score before the detention hearing. Even with the score, the judge has discretion. A domestic violence lawyer will present evidence to help the client get out on bail. If bail is set, the client needs to pay it and can then go home.
Much of the evidence used in domestic violence cases is time-sensitive. Lawyers need to begin gathering evidence immediately following the arrest. Photographic evidence is often crucial in domestic violence cases. For example, if someone is accused of punching the alleged victim but does not have bruised hands, a photograph can help the defense build a case. Witness statements are also helpful but must be gathered quickly while the situation is still fresh.
Video evidence might also be available. New Jersey streets are filled with surveillance systems. Many systems record in loops, meaning the systems record over the previous video after a set time. If the alleged incident occurred outside of the home, attorneys must act quickly to secure video evidence. The faster people contact an attorney, the easier it is to acquire necessary evidence.
Helps with restraining orders
The municipal or superior court can issue a restraining order immediately following the arrest. Such an order might require the accused to vacate the home, forfeit firearms, and avoid contacting the accuser. The accused likely not be allowed to contact the children either. Even without contact, the accused might have to pay support and mortgage or rent payments.
A New Jersey domestic violence lawyer can begin the process to get the restraining order lifted. Different strategies are available, such as getting the charges reduced or dropped or agreeing to attend anger management classes. The attorney might be able to secure visitation with children if the restraining order remains in place. These strategies can be employed through negotiation or a court appearance.
Contact a New Jersey domestic violence lawyer
If you have been arrested, you are likely worried about what will happen next. The fear of the unknown can be overwhelming. Navigating the process is much easier when you have an attorney at your side. Your attorney will attempt to help you get out on bail if you are still in jail. The attorney can also gather evidence and help you with a restraining order if necessary. The clock started ticking the second you were arrested, so do not delay.
For more information or to schedule a consultation with us, call our Sea Girt office at (732) 449-0449. Call Anthony J. Cafaro, P.C. today. NOTE: This is for informational purposes only and does not constitute legal advice.
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