San Jose Domestic Violence Lawyer
San Jose Domestic Violence Lawyer
In Santa Clara County, just like in every county across the State of California, if the police are called to respond to a report of domestic violence, the police must arrest the primary aggressor involved in the domestic dispute. Once an arrest is made, the police officer is required to take the arrested individual to jail. More often than not, the individual who has been arrested, is booked on felony domestic violence charges if there are any noticeable signs of a physical violence on the alleged victim’s body, i.e., redness, scratches, bruising, etc. The minimum bail on a felony domestic violence arrest in Santa Clara County is $25,000 and can go to $100,000 or more if the arrested person has a prior conviction for a crime of domestic violence.
Even though the individual is arrested on a felony charge of domestic violence, it doesn’t mean that the prosecutor is going to charge that individual with a felony crime of domestic violence. If the alleged victim only has minor injuries, i.e., redness or minor scratches, then the prosecutor will usually file the charges as a misdemeanor. Sometimes, if the conduct just involves a push or a grab, then the prosecutor may not file charges against the arrested person at all.
It is important to hire a criminal defense lawyer right after a domestic violence arrest because you and the defense lawyer can start the preparations of the client’s defense, i.e., by preserving surveillance video, voicemails or text messages, interviewing the alleged victim or other potential witnesses, as well as, suggesting classes that may benefit the client or the alleged victim in court. It is important to have the criminal defense lawyer helping right from the get go because the police will likely have a judge issue a 7-day Emergency Protective Order prohibiting contact between the arrested person and the alleged victim. Additionally, the police and/or Child Protective Services usually encourage the alleged victim to get a civil domestic violence restraining order against the accused. The arrested person needs to act quickly to preserve his or her right to remain in the home and/or to see minor children.
If you have been arrested or charged with felony or misdemeanor domestic violence in Santa Clara County, you must take quick action in hiring lawyery in order to protect your right to remain in your home, to see your children and family, and yourself in court. At Ahmed & Sukaram, Attorneys at Law, we have been defending individuals accused of domestic violence offenses since 2005. Partner, Nafiz M. Ahmed, is a California State Bar Certified Specialist in Criminal Law, and, Super Lawyer Rising Star the past 5 years in row (2012-2016). We have offices in San Jose and in Redwood City and represent individuals in court in San Jose, Palo Alto, Redwood City and beyond. Additionally, we are amongst the most reviewed and highest rated law-firms on Yelp.com. Nafiz M. Ahmed is an Avvo.com rated 10/10.
If you would like to discuss your domestic violence case and what to expect, please feel free to contact us today at (408) 217-8818. After you hire us, we will provide you with constant access to us and provide you with updates about your case and the strategy moves that you should follow.