Legal Question in Criminal Law in California

My brother was arrested on Friday for domestic violence, this is the first time he gets arrested. He has court on Tuesday. What are the chances of him getting out ASAP? What will happend if his wife drops the charges formally before he goes to court?

Asked on 9/28/09, 6:53 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

The judge might release your brother on his own recognizance (OR), which is a promise to appear for future court dates. The judge's decision will be based on many factors, such as the charges and circumstances of the crime.

A privately retained criminal defense attorney is in a better position to argue for your brother's release than a public defender, who will meet him for the first time when he comes to court. I often tell clients' families to save the bail money until after the first court appearance; in many cases, we can get the client released and save them thousands of dollars.

His wife cannot drop the charges. The police will forward their reports to the District Attorney, who will then decide whether to file charges.

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Answered on 9/28/09, 7:07 pm

Philip Iadevaia Law Offices of Philip A. Iadevaia

The City Attorney and District Attorney will try to get him to plea to a deal. They have special family violence units that will not drop charges and will take the case to trial. Your brother needs defense attorney knowledgeable about domestic violence to defend his rights and protect against undue charges. Good luck...P

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Answered on 9/28/09, 7:42 pm

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