Domestic Violence Arrest Scenarios

In Florida, an arrest for domestic violence can occur in one of three ways. In each scenario, how you respond and the speed in which you hire an experienced criminal defense attorney will have a significant impact on your situation. The three common arrest scenarios for domestic violence are: 

1. City-wide Warrant.  

The local police department often do not arrest the person charged with domestic violence when the incident occurs. Instead, they issue a local pickup order. This is a city-wide warrant does not extend beyond the city limits. 

When a person is aware that a citywide pickup order has been issued, he or she should hire a skilled criminal defense attorney immediately. This lawyer will contact the local police department and set up a time for the client to turn themselves in. Within 24 hours of surrendering to the police, the he or she will come before a judge and the attorney can request a bond or ask that the client be released on their own recognizance while the domestic violence case is pending in the court system.  

The biggest mistake people make when facing a city-wide warrant is to do nothing. They mistakenly believe that since they were not arrested at the time of the incident then they won’t be arrested at all, even if they are aware of the pickup order. These people are often arrested as they attempt to board a plane or cruise ship or engage in another activity where their identity is checked.  They often have made no arrangement for legal representation and are unprepared to address the situation. 

When faced with a city-wide warrant, you need to be proactive and address the issue directly.  

2. Statewide Warrant 

A statewide warrant is one that is issued by the local police or county sheriff department and gives law enforcement officers throughout the state the authority to arrest the person named on the warrant. When a misdemeanor domestic violence charge and a statewide warrant is issued, it is an automatic no-bond situation. As with a city-wide warrant, a proactive approach is best.  

Prior to the arrest, a person should hire an experienced criminal defense attorney prior who will file an emergency motion to address the bond process during the first court appearance. At this time the client and attorney go in front of the first appearance judge, present arguments and request a bond. Once bond is received, the judge may give the client a few hours to turn him or herself in at the jail to be booked in and processed and then released on the bond. From this point forward the attorney and client can focus their attention on the pending court case.

3. Arrest During Incident

Sometimes the police are called to a location, a person may be immediately arrested on domestic violence battery charges. This is an automatic no bond situation. At this point it is critical that someone hires skilled criminal defense attorney as soon as possible to represent the defendant. This attorney can file a motion to get in front of a judge, even on the weekend, and request that their client be given a bond, which would allow them to be released. Without this legal intervention, the person may wait in jail for days while waiting for their court case to be called.  

Contact a Criminal Defense Attorney

Ben Stechschulte is a board-certified criminal defense attorney and former prosecutor who represents clients facing each one of these scenarios. He has vast experience in defending men and women facing domestic violence charges and is here to address your criminal defense legal needs. Contact our office to schedule your free initial consultation or to obtain legal representation.

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