This is an interesting question because what I see happening a lot depends on where the person was arrested, which will dictate whether the City Attorney's office or the District Attorney's office prosecutes the case.
This can be important depending on who the particular prosecutors are involved with the case because of the potential for jail time when it comes to these domestic violence cases at the Airport court.
What you have to realize is that in Los Angeles County, the policy as of today, as I make this post, is that:
- when the police come out to a domestic violence call,
- if they see there's been any violence,
- they have a directive that they are to arrest one or both of the parties.
Injuries in Domestic Violence Cases
Then, they're going to try to determine who the aggressor was. If one person didn't hit the other person and the other person had an injury, and there was clear evidence that they were shot in some way, then that offending person would be arrested.
That person is going to be determined as the aggressor. If, on the other hand, both people were violent, now the police are in a difficult position. Now they've got to try to find witnesses.
They've got to talk to the parties and determine who the aggressor between them was.
They'll often call the supervisor out to the scene and make a final call if it's a close call, and sometimes they get it wrong. Sometimes, they arrest the wrong person.
Sometimes, I've even seen them arrest both parties when they can't figure it out. Don't forget, it's all about covering your ass when it comes to these domestic violence cases in the Airport or LAX court.
They have to make sure that they don't just leave a situation that could fester into something more damaging where somebody gets seriously hurt or even killed.
Function of Police in Domestic Violence Cases
That's what they're protecting against. That's why they're arresting people. If the police arrest somebody or both parties, and that person can post the $50,000.00 bail that will be required, it's now out of the police's hands.
They've done their job. So, nobody can boomerang back to them and say, what were you doing? Why didn't you arrest this person? Now look what's happened. It's your fault. That's what the police are looking to do. Realize that.
They may say they're there to do justice, but really, they're trying to figure out who the aggressor was, arrest somebody, and move on. Sometimes, that ends up being an unfair situation.
They end up arresting somebody, making somebody post a $50,000.00 bail who didn't do anything criminal.
Criminal Defense for California Domestic Violence Charges
That's where you've got to have a criminal defense attorney by your side. I've been doing this for 27 years. I've worked for a prosecutor's office.
I've prosecuted people in the early 1990s and worked for a Superior Court judge, so I got to see how judges think. I wouldn't say I liked either job.
I like defending people; since 1994, I've been practicing criminal defense exclusively.
I've handled thousands of domestic violence cases, many specifically in the Airport or LAX court. I know how these cases are prosecuted.
I know how to defend them. I know when it's time to take the case to trial. I know when it's time to seek a dismissal and when it's time to negotiate the case.
So, if you or a loved one find themselves in the unfortunate position of being charged with a domestic violence case in the Airport court, pick up the phone. Ask for a meeting with Ron Hedding. I'm here to help you. I enjoy what I do. I stand ready to defend you every step of the way.