After a domestic violence arrest in Florida, it’s natural to feel anxious and unsure about what comes next. At the Rivas Law Firm, we believe that knowledge is power. Understanding your rights after a domestic violence arrest can be the first step toward building a strong defense. If you’re facing domestic violence charges in Florida, contact the Orlando criminal defense attorneys at the Rivas Law Firm. Call 407-644-2466 for a free consultation.
Your Rights in a Domestic Violence Arrest
1. Right to Remain Silent
Your right to remain silent is one of the most fundamental rights you have after being arrested. This means that you do not have to answer any questions from law enforcement without your attorney present. Anything you say can and will be used against you in court. At The Rivas Law Firm, we advise our clients to exercise this right and wait for legal representation.
2. Right to Legal Counsel
You have the right to have an attorney present during any questioning after a domestic violence arrest. If you cannot afford an attorney, one will be appointed for you. As experienced domestic violence defense attorneys, we highly recommend seeking legal counsel as soon as possible after an arrest.
3. Right to a Fair Trial
If your case goes to trial, you have the right to a fair and public trial by an impartial jury. This includes the right to confront witnesses against you, the right to call witnesses on your behalf, and the right to be presumed innocent until proven guilty.
4. Right to Be Free from Unreasonable Searches and Seizures
Law enforcement must have a valid warrant or probable cause to search your person or property. If evidence was obtained illegally, it could be thrown out of court. Our attorneys can examine the details of your case to ensure your rights were not violated.
5. Right to Due Process
Due process means that the state must respect all legal rights owed to you under the law. This includes the right to be informed of the charges against you and to have adequate time to prepare a defense.
What Happens After a Domestic Violence Arrest
A person detained on domestic violence charges is not eligible for release on bond. Within 24 hours, the offender must first show up in court for an Initial Appearance Hearing. Without adequate legal counsel, the judge will probably impose a No Contact Order barring the defendant from getting in touch with the alleged victim or going back to the scene of the incident, even if it was the defendant’s house.
Laws pertaining to domestic abuse can be complex, and charges may be stacked. The state attorney is not obligated to file charges after a domestic violence arrest, and if a domestic violence defense lawyer is contacted early enough, they may be able to convince them to do so if there are any mitigating factors. The prosecution will exert all of his influence to encourage you to enter a plea deal or proceed to trial if he believes he has enough evidence to prove your guilt. A tenacious domestic violence criminal defense lawyer can assist you in having the charges dropped.
Serious criminal charges, such as domestic battery, domestic battery by strangulation, aggravated battery, and aggravated assault, frequently follow when the police are called in to make a domestic violence arrest. Long-term, life-changing repercussions of penalties might include everything from domestic violence restraining orders to jail sentences. For this reason, it’s crucial for those accused of domestic violence to consult with a skilled and determined domestic violence defense lawyer as soon as possible.
Remember, every case is unique, and the best way to protect your rights is to consult with a knowledgeable attorney. At the Rivas Law Firm, we have extensive experience defending clients against domestic violence charges in Florida. We’re ready to fight for your rights and advocate for your best interests.
If you’re facing a domestic violence arrest in Florida, contact the Orlando domestic violence defense attorneys at the Rivas Law Firm. Call 407-644-2466 for a free consultation.