For those who have been arrested for domestic violence, I understand that you're seeking clarity in a complex situation. It's crucial to grasp the legal process, as misinformation can lead to confusion and unnecessary stress.
It's important to understand that the prosecutors hold the key to whether charges will be filed. Their decision is based on a thorough assessment of the case, not the actions of the police.
The police are just the first ones to arrive. They've got to assess the situation. They typically need a legal background. I find them telling my clients many things that aren't true, maybe just to get them done or quell them, rather than keeping their mouths shut and doing their jobs.
But when you start to talk about the roles of the two different entities, the prosecuting agency and the police, you start with the police because they're usually the ones who will have the first contact with a potential suspect.
Their primary role is maintaining peace, protecting and serving, and assessing whether a crime has been committed. When they respond to a domestic violence incident in Los Angeles County, their first priority is to ensure the safety of everyone involved.
Domestic Violence Injuries and Bail
If there's been an injury and they can prove or have evidence that somebody else unlawfully caused it, they will arrest the person who caused it.
They're typically going to make them post a $50,000.00 bail, although I have seen scenarios where the bail is $10,000.00, and I've also seen scenarios where the person gets released on their own recognizance.
But, in general, especially in LA county and even throughout California, if someone gets arrested for a domestic violence-related offense, they're going to have to post that $50,000.00 bail.
Police Report
The police's job is to write a report. They'll typically have bodycam evidence, especially now in LA County, because they're wearing bodycams, so they must log that in.
The prosecutors have access to this, and they will talk to everybody, check for physical evidence, and take pictures. Then, they will present all of that to the prosecutors, and their job is done.
DV Prefiling
So, a lot of times when I take domestic violence cases prefiling, the client is saying, can you get the charges dismissed before I go to court - obviously, that's somebody who doesn't understand how things work because, again, the police aren't charging anybody with anything.
They book them for a crime and send them to court. It's the prosecutors who decide whether to charge. So, if an excellent criminal defense attorney can convince the prosecutors not to file the case, then charges will never be filed. There's nothing to dismiss. What you're attempting to do is prevent a filing.
Negotiation with the Prosecution
There are instances where you appear in court once a prosecutor files the case. Your attorney is by your side. You enter a not-guilty plea, receive all the paperwork on the case, and then start working on it. Your attorney can then negotiate with the prosecutors to potentially dismiss the case, offering a glimmer of hope in a challenging situation.
But obviously, that's not easy to do because another prosecutor has already reviewed it to determine whether or not there's enough evidence to file it in the first place. You'd have to have some different proof they didn't consider to convince it once the case has already been filed.
Preliminary Hearing
So, now you start to see the roles of the police and the prosecutors. The police investigate and pass on information to the prosecutors. The prosecutors decide whether or not to file the case, and then they deal with the case in court.
Another thing you must consider is that the police only come back into the case if they need to do a preliminary hearing or a trial. A preliminary hearing is a court proceeding where the prosecution presents evidence to show that there is enough reason to hold a trial. If they need witnesses and evidence, they will call the police. The prosecutors will also call witnesses, the alleged victim, and anybody else who saw what happened.
Domestic Violence Defense
So, now that you have a feel for the roles of the different parties involved in a domestic violence case, I suggest if you need help - whether it's for you or a loved one - pick up the phone. Ask for a meeting with a qualified defense attorney like Ron Hedding. A defense attorney's role is to protect your rights, challenge the evidence against you, and negotiate with the prosecution on your behalf.
With over 30 years of experience, I've defended individuals in domestic violence cases since the early 1990s. My previous roles in the district attorney's office and as a superior court judge's assistant have provided me with a comprehensive understanding of how these cases are handled. You can trust my expertise and experience to guide you through this process.
Pick up the phone. Make the call. I stand ready to assist you. The prosecutors decide whether charges will be filed in a Los Angeles domestic violence case based on an assessment of the case, not the actions of the police.
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