If you have been arrested in Brevard County for any domestic battery charge, contact an experienced criminal defense attorney at the Law Offices of Germain & McCarthy, LLC to discuss your case. In many of these cases the person arrested faces a difficult battle to protect their good name, standing in the family and criminal record from this serious allegation. Find out what you need to do now to protect yourself after an arrest for domestic battery in Melbourne, Viera, Cocoa Beach, Merritt Island, or Satellite Beach, FL.
Many of our clients are professional people such as doctors, nurses, teachers, business owners, military members and others who have a great deal to lose after such an allegation. Contact us to find out how be methodically fight these cases with a goal of getting the prosecutor to drop the charges or getting the judge to dismiss the domestic battery allegations. If our clients are eligible to expunge the criminal charge after charges are dropped, we also assist our client through that expunction process so that any record of the arrest or prosecution are not available during a routine background check.
Unlike other types of criminal charges, after an arrest for domestic violence in Florida, you are not able to immediately bond out of jail. For any domestic violence case, you can not bond out of jail until after you have seen a judge at first appearance which usually occurs within 36 hours of your arrest.
You are entitled to have a criminal defense attorney represent you at the first appearance because the judge will make several important decisions that day including whether or not to add a "no contact" provision that would prevent you from moving back into the family residence after your release from jail. In many of these cases the "alleged victim" will want you to return to the family home. A criminal defense attorney can talk with the "alleged victim" about their feelings on the matter and invite them to speak to the court at the first appearance or write a letter stating their position.
If the alleged victim wants the person arrested to return to the home then the court will usually impose a "no violent contact" provision instead which will allow the person arrested to have contact with the family. The attorney may also be able to help the family save money be requesting a signature bond or ROR bond which does not require any money being paid to a bail bondsman.
In many of these cases in Brevard County, at some point, the alleged victim wishes to drop the charges. However, that desire alone is not sufficient to force the prosecutor with the State Attorney's Office to drop the charges. The prosecutor will often tell the alleged victim that the State is prosecuting the case and the alleged victim has little say in the ultimate resolution.
A criminal defense attorney, however, can often force the prosecutor to drop the charges in those cases in which the alleged victim does not wish to prosecute. Especially in those cases where the alleged victim was under the influence of alcohol or other substances, when the alleged victim does not remember what occurred, when the alleged victim exaggerated the claims out of fear of being arrested, or when the alleged victim was motivated to make a false or exaggerated claim in order to gain leverage in a pending divorce, immigration or child custody matter. In other cases, the false or exaggerated claim may have occurred because of a desire to have someone removed from the family home without realizing the devastating consequences that go with a domestic battery arrest.
After an arrest for domestic battery in Melbourne, Viera, Cocoa Beach, Merritt Island, or Satellite Beach, Florida, contact an experienced Brevard County domestic violence attorney at (321) 253-3447. The lawyers at the Law Offices of Germain & McCarthy, LLC are experienced in fighting these types of assault and battery allegations between members of the same household.