Monday, July 13, 2009

Criminal Justice question?

Ok...my father in law was picked up last night and being charged with domestic battery (Still don't know the story on what happened) anyway he sees the judge tommorow..I was just wondering what will happen...will he get released..or have to post bail..or what...the is the first time my husband and I have had to deal with this! Hubby wants to go sit at courthouse till his dad gets seen..any advice
Answers:
Generally, when someone is arrested, in this case for domestic violence, they will be arraigned and a bond will be set. Once the bond is set, the defendant can post bond through an attorney, bonding company, or post a cash bond (if an option with the city arrested). Once bond is posted, he will be given a court date to appear. Now, if he doesn't post a bond, he can be held until his court appearance date (depending on the level of the offense). There are many contributing factors to your questions. I hope this helps some.
unfortunately, the ***hole will get released to do his sh** again.
He's likely to be released with an order of no contact with the "victim." If he disobeys the Order, he'll be arrested and charged with contempt of court. If this is a first offense, he'll probably be realized without bond. I'd encourage your husband to attend. He needs to know what happened from both sides.
Different states have different procedures

typically, there will be a preliminary hearing and the judge will decide bail. With no criminal record, there should be no problem getting little or no bail

After that, the DA will prepare the case, decide on plea arrangements. If no plea is reached, there will be a trial.

The only advice I can give you is make sure your FIL has a lawyer
Some charges do not allow bonding out, that will depend on the laws in your area.

Usually when someone is arrested they have to stay in jail until the hearing with the judge.

If it's allowed, bail will be set at the hearing. If he can post bond then he'll be released pending the trial.
Try this
http://www.legalservices4less.com/crimin...

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