Pre-Trial Release for Domestic Violence Arrests in Newport News
If you or a loved one was charged with domestic violence, you should consult with a lawyer as soon as possible. An experienced criminal defense attorney could help the accused secure pre-trial release after domestic violence arrests in Newport News. This allows an accused person to remain free while the case is pending.
Arguing for Pre-Trial Release
Judges make decisions about pre-trial release based on several factors. For example, they consider if a person is a danger to the community and whether or not they are a flight risk.
Domestic violence lawyers often try to show that the accused person has ties to the community. If they have lived there for a while and have family in the area, they are probably not going elsewhere. With regards to being a danger to the community, an attorney will tend to talk about the facts of the case. They will also talk about any past record or history that indicates that this is not something that they do regularly.
Conditions of Bail
Judges may impose several restrictions on an accused person as conditions of bail. There may also be the condition they cannot leave Virginia. If alcohol was a factor, they may be ordered to not consume any alcohol while the case is going on. The court, depending on the jurisdiction, may require a person to be under some sort of pre-trial supervision to enforce compliance with these restrictions.
Usually, there will be some sort of condition of no-contact with the alleged victim. No-contact means a person is not to have any sort of communication, including phone calls, in-person visits, or social media contact with the person under the protective order report. If it is a person’s lawyer, that may be different, and sometimes the courts will have exceptions with regards to hospital contact or child custody.
It also means a person cannot direct someone else to have contact on their behalf. When the court says no-contact they also will say direct or indirect. What that means is that a person’s friends cannot contact them either.
Violating a No-Contact Order
Violating a no-contact order is considered a violation of a court order, so a person runs the risk of their bond being revoked. They could end up sitting in jail while their case is going on, or the court may impose tighter bond restrictions.
In some cases, violating a protective order could even be construed as obstructing justice. The alleged victim may believe that the accused is trying to pressure them into not prosecuting the charge. In this case, someone could face an obstruction of justice charge in addition to the violation of the protective order and violation of the court order.
Most lawyers advise accused individuals not to initiate contact with the alleged victim even if there is not a no-contact order in place. If the alleged victim reaches out, many attorneys will tell people to try to steer away from contact. If the parties have children in common or live together, some contact may be unavoidable. However, they should minimize the contact and avoid discussions about the case to avoid any suggestion of impropriety.
Let a Newport News Domestic Violence Lawyer be Your Advocate
Domestic violence charges can have a serious impact on your life. These situations often upend a person’s family relationships and lead to social stigma, on top of the harsh legal penalties. The best way to work towards a positive outcome in your case is to contact an experienced attorney.
A Newport News attorney could argue on your behalf for pre-trial release after a domestic violence arrest. When you are free, they could work with you to craft a defense strategy and quickly resolve your case. Call today to get started.