California Criminal Lawyer Blog

If you have been arrested for one or more domestic violence charges in Sacramento, you probably have a multitude of questions about what will happen and what to expect. Each case will have a large number of variable factors that will determine what will likely happen. Unfortunately all cases have the potential of ruining lives of adults and children. Here is an overview of what to expect following a domestic violence arrest in Sacramento.

Domestic Violence Arrest

Depending on your case, you may have a good idea why you were arrested or you may have no clue why officers took you away in handcuffs. Unfortunately law enforcement policies regarding domestic violence arrests are rather rigid and don't account for the fluidity of each relation dynamic. If officers are called out on a domestic violence call they will typically arrest the dominant aggressor. If no restraining or protective orders are in place, the officers do have a choice of whether to actually effectuate an arrest. They must however inform the alleged victim of his or her right to make a citizen's arrest. If there is a valid restraining order in place and the restrained party is in clear violation, the officers are mandated to make an arrest. If each party has protective orders in place, California Penal Code section 836(c) mandates the arrest of the dominant aggressor. To determine who the dominant aggressor was, law enforcement is to consider:

1. the intent of the law in protecting true victims of domestic violence from ongoing abuse
2. whether there are threats that create a reasonable fear of injury
3. whether there is a history of domestic violence between the persons involved, and
4. whether either person involved in the disturbance acted in legal self-defense

Booking and Bail in Domestic Violence Cases

After you are arrested for domestic violence charges within the county of Sacramento you will likely be taken to the Sacramento County Main Jail, downtown Sacramento. There you will be taken through the booking process. If the jail deputies determine that you are intoxicated they will place you in the "drunk tank" and wait for you to sober up. After being processed in, you will be taken to a jail cell. During the booking process you will typically be allowed to make a phone call and contact a bail bond agency. Your bail amount will likely be based on the charges you were arrested on. The Sacramento court provides a bail schedule that is available to the public. In some circumstances, the arresting officer may request an upward departure from the bail schedule. This is typically done in cases where the officer believes that you may be a flight risk. An on-duty judge will have to approve the upward departure. A bail agency will typically charge you 10 percent of the bail in order to post it for you.

First Court Appearance in Domestic Violence Cases

The first appearance in a domestic violence case is the arraignment. This is where the judge will inform you of the nature of the charges filed against you. You will also be asked whether you have hired an attorney, intend on hiring an attorney, or will opt for a public defender if you cannot afford a lawyer. In Sacramento the judge will typically not request that you enter a plea at arraignment. At arraignment you will likely also be presented with a domestic violence protective order signed by the judge. This order prevents you from contacting the alleged victim, from coming within a certain number of yards from him or her, and from owning or possessing any firearms. This is a temporary order that will cover the time period when the case is pending in court. The order also allows the named victim to record any unwanted contact or conversation with you. The order does not typically prevent the named victim from making contact with you.

Settlement Conference in Domestic Violence Cases

The second court hearing is typically a settlement conference. The term used in Sacramento county is "Superior Court Review" or SCR. This is typically the first chance for your domestic violence lawyer to discuss the case with the district attorney in the presence of the judge. These discussions happen in the judge's chambers. An offer is typically made by the district attorney's office and that offer is negotiated with the help of a fair judge. Because each case is different it is difficult to ascertain whether it will be a good offer or a bad one without looking at numerous factors. A good domestic violence attorney will be able to analyze your case and make an individual determination of whether an offer is fair or whether you need to fight the case to trial if needed. There can be one or more settlement conferences. If a felony case does not settle at the settlement conference stage it will typically be set for a domestic violence preliminary hearing. A misdemeanor domestic violence case will be set for trial.

Domestic Violence Preliminary Hearing

A preliminary hearing in a felony domestic violence case is a hearing before a different judge where the district attorney's office will have to produce some evidence to convince the judge that there is a reasonable possibility that the crime was committed. The standard of proof is low and the defense will typically not present any evidence so as to not show their hand before trial. The named victim may or may not be called to testify. Because hearsay is allowed at a preliminary hearing in California, the DA may choose to simply have the investigating officer testify and recite another witness' statements. Due to the very low standard of proof required in a preliminary hearing, in most cases a defendant will be "held to answer." The case will then be set for jury trial.

Domestic Violence Jury Trial

A jury trial is the culminating event in a domestic violence case. The named victim will have to be called to testify and his or her credibility will be subject to examination and cross examination. At the jury trial you, as the accused, will have the opportunity to testify. There is however no requirement that you testify or present any evidence and you may choose to rely on the prosecutor's failure to present enough evidence to convince a jury beyond a reasonable doubt. It is advisable that you hire an attorney experienced in domestic violence cases to represent you at a jury trial.

Continue reading "What to Expect After Being Arrested for Domestic Violence in Sacramento" »

You've never been in trouble with the law but one evening you decide to go wine tasting or beer sipping at the many wonderful wineries or breweries around Sacramento. You feel fine and start to drive home but right before you get to the freeway you see a bright red light shining in the rear view mirror, nearly blinding you. You wonder why you are being pulled over and find it quite curious that the uniformed police officer asks you to step out of your car. You are asked to do some tests many of which you've seen other drivers perform on the side of the road and at the end of it all you're back in a car. Unfortunately its not your car and the driver is not taking you home. You're going to jail. After providing a breath or blood test you find out later that your blood alcohol level was way over California's legal limit. You just got arrested for a first DUI.

Reality is that people arrested for a first DUI whether in Sacramento, Placer, Yolo or other Northern California counties have had little or no prior contact with police. In their rank you will find people from all ranks of life including engineers, professors, defense attorneys and yes, even prosecutors. It is very easy to underestimate your alcohol consumption and your blood alcohol level before driving.

According to experts, even though you may not feel it, the first organ being affected by alcohol or other substances is the brain. If you feel buzzed or lightheaded after consuming alcohol or another substance, your ability to drive is likely impaired. Law enforcements know this and they use specially designed field sobriety tests to evaluate how your mind is affected.

Now that you've been arrested for a DUI what's next? Here is what to expect if you have been arrested for DUI in Sacramento:

• You will spend anywhere between 4 to 8 hours in jail before being released

• When released from jail, you will receive a court date for your arraignment about four weeks out in the future

• If you took a breath alcohol test, the results are immediately available and your case will be ready to proceed at the first court date

• If you opted for a blood test, it will take the Sacramento County Crime Lab approximately 6 to 8 weeks to get to your sample. This means that there is a good chance that your case will not be ready at the first court date and will have to be continued.

Upon a plea of guilty or no contest:

• You will be placed on three years of informal summary probation

• You will have to do 48 hours of jail time or in the alternative work project or ankle bracelet/home arrest

• You will have to complete a mandatory first offender DUI program

• Your driver's license will be suspended by the court (in addition to the DMV suspension) however you should be able to obtain a restricted license after 30 days

• You will be required to install an ignition interlock device for at least five months

• You will have a fine of about $480 + penalty assessments (about $2300 after penalty assessments)

Second DUI, third DUI and DUI with injury convictions carry significant harsher penalties. A criminal defense lawyer with experience in DUI cases will be able to guide you thorough the court and DMV system.

Continue reading "Consequences for a First DUI in Sacramento" »