Los Angeles Domestic Violence Attorney

The Criminal Process

Arrest:

The first step of the criminal process is the arrest. The police may respond to a call regarding a domestic dispute, arrive on the scene and then, if they have reasonable cause to believe that domestic violence occurred, make an arrest. Most often, when the police are called they will make an arrest for domestic violence.

If you have been arrested for domestic violence, it is important to consult a Los Angeles domestic violence lawyer as soon as possible. A lawyer can help ensure that your rights are protected immediately.

Filing the Complaint:

The prosecutor will then decide whether to press charges, or file the complaint, with the court.

Your defense attorney will play a major role here, as well. With an attorney's early involvement in a domestic violence case, it may be possible to uncover evidence or witness testimony which proves your innocence. After aggressive negotiation with the prosecutor, your attorney may be able to prevent formal charges from being filed at all.

Arraignment:

If charges are filed, the arraignment will be the defendant's first court appearance. The judge will inform the defendant of the domestic violence, child abuse or spousal abuse charges he/she faces. At this time, the defendant will also enter a plea of guilty, not guilty or no contest. The judge will also set bail at this time.

Your lawyer will be able to evaluate your case and charges to determine whether it is in your best interests to plead guilty or not guilty. Your lawyer will also play a key role in helping you avoid a high bail amount and may even be able to secure a release on your own recognizance.

Preliminary Hearing:

In the case of a felony domestic violence charge, a preliminary hearing will be held to review probable cause. The judge will determine if there is probable cause to send your case to Superior Court.

Superior Court Arraignment:

At the Superior Court arraignment, the judge will inform the defendant of the charges he/she faces, and the defendant will again enter a plea of guilty, not guilty or no contest.

Pre-Trial Conference:
 
A pre-trial conference is held, including the defense and prosecuting attorneys. The judge may be present as well. At this conference, the attorneys will discuss the charges and may discuss the possibility of a plea bargain, depending upon the circumstances.

Trial:
During the trial, everything comes together. Both the defense and prosecution are able to make opening and closing statements, examine and cross-examine witnesses and present evidence. At the conclusion of the trial, the jury will deliberate and then deliver a verdict of guilty or not guilty.

Sentencing:
If the verdict is guilty, the judge will determine sentencing, based upon the seriousness of the charges.

Appeals/Expungement:
Your attorney may be able to help you file an appeal if you have been convicted of domestic violence, spousal abuse or child abuse. You may also be able to have a conviction cleared or sealed from your criminal record, through an expungement.

Los Angeles Domestic Violence Defense Lawyer

Through every step of the criminal process, your Los Angeles domestic violence lawyer will play a major role in how your case turns out, what penalties you may face and whether you are convicted or acquitted. 

Contact Los Angeles domestic violence attorney Robert M. Bernstein today!