If you’ve been arrested and subject to interrogation or questioning because of domestic violence, arresting officers should clearly state to you your Miranda rights. A Miranda warning explains, you have the right to remain silent and may refrain from answering self-incriminating questions until you have consulted with an attorney or asked for legal services from the Denver bail bonds agent. Exercise your rights and refrain from plea bargains without legal representation at your side.
Legal Definition
The U.S. Justice Department categorizes domestic violence as “a felony or misdemeanor crime” committed by an intimate partner to the other with “immediate and long-term” consequences on the victim’s physical, social, and economic health. The law also underscores “intimate relationship” to mean any relationship with a spouse, a former spouse, past or present unmarried couples that share a child or children.
Domestic violence has many forms, such as physical violence, emotional and verbal abuse, and sexual violence. It can also be identified as a crime against the intimate partner’s property, such as pets, only with the existence of probable cause.
Arrest with Probable Cause
Colorado authorities can make a mandatory arrest if there is probable cause for domestic violence present in the situation. However, identifying it with precision can be quite challenging. Arresting officers in Colorado examine the presence of these five factors of probable cause, such as intimidation, coercion, control, punishment, and revenge.
Other misdemeanor charges associated with Domestic Violence
Often, domestic violence can be associated with additional felony charges, including but not limited to assault, false imprisonment, harassment, menacing, and restraining order violation. These charges are also called “aggravator” or “sentence enhancer,” where the chances of getting a conviction are high.
Penalties for Domestic Violence offenders
If the case has a guilty verdict, offenders are subject to the following penalties and consequences:
- Counseling and treatment
- Probation, depending on the degree of the offense, jurisdiction, and other terms.
- Any sentence, and mandatory protection order with the accuser and any witness during the case trial
As a DV offender, your conviction can affect your parental rights, credit score status, and employment opportunities, among other facets of your life. The offender also receives mandatory restriction to gun ownership, military service, government employment, and citizenship status. That’s why careful handling of your domestic violence case is essential, and getting a pre-trial release processed by a Denver bail bonds professional is beneficial.
What should be your legal actions after an arrest?
Your best shot is to call a Denver bail bonds agent who will facilitate your temporary freedom while attending your ongoing court trial.
If you or someone you love deals with domestic violence charges, it’s vital to get legal representation, including a defense lawyer and a professional Denver bail bonds agent like Red’s Anytime Bail Bonds who offers the 24/7 service that you need.