Release Following Arrest
If you have a loved one who has been arrested by the police for domestic violence, domestic assault, or
domestic battery, you will want to arrange for their release from jail. There are basically two forms of release following an arrest for domestic vioence. The first type of release is bail. In order for a person to be released from jail on bail, it will be necessary to either secure the services of a bail bond agent or pay the full amount of bail with cash or a cash equivalent such as a cashier's check. A bail bond agent receives a fee for posting a bond with the Superior Court. The typical fee a bail bond agent is paid for bail is ten percent. However, Attorney Robert Tayac has developed relationships with bail bond agents enabling his clients to obtain bail at a significant discount and with terms which makes bail attainable for more people.
Bail bond companies charge a fee of 10% of the bond that is not refundable. Alternately a defendant can post cash bail that is fully refundable, a month or so after the disposition of the criminal case. If a lawyer files a bail motion the court may reduce bail. It takes at least two days to get a court date for a bail motion, and if you get your bail lowered expect to wait over a month and a half for the refund. Friends, employers or family members who post bail for a defendant who fails to appear for court may be civilly liable for the entire amount of the bail.
Own Recognizance (OR) Release
If a person is not bailed out of custody, they will be taken to court to be Arraigned within two court days of their arrest for domestic violence. Arraignment can be delayed if the domestic violence arrest takes place on a weekend or holiday. At the Arraignment, the issue of pretrial release will be discussed. It is critical that the accused be represented by a qualified lawyer with specialized experience handling domestic battery and
domestic assault cases at the Arraignment in order to secure own recognizance release on the best possible terms.
Prosecutors typically oppose a defendant’s pretrial release from custody or seek high bail or conditions even when the incident the defendant is charged with happened months or more before their arrest and the defendant has been out of custody without their being any other incidents between the accused and the accuser. Prosecutors frequently argue that the accused should stay in jail because they might attack, stalk, or kill their victim. Judges often refuse to release a defendant pending trial because they are concerned that the accused and the complainant will have future incidents.
Supervised Own Recognizance (SOR) Release
Supervised Own Recognizance release or SOR is often imposed as a condition of Pretrial release in domestic violence cases where the court has concerns about the possibility of future domestic violence incidents between the parties.
The police usually book the people they arrest on the most serious charges in domestic violence cases. This usually means a felony arrest on the accused's record. Statutory felony bail is much higher than misdemeanor bail. In cases with no serious injuries the San Francisco district attorney will generally file misdemeanor rather than felony charges. This results in a substantial decrease in the bail amount. However, the accused will have to spend time in jail until the district attorney charges the case. A defendant who stays in jail until Arraignment, usually within three days of the domestic violence arrest, can ask the court to reduce the bail or release them on their own recognizance without posting bail. Defendants who have
warrants from other counties or who are non-citizens may have an immigration hold imposed by the United States Immigration and Customs Enforcement (ICE) and may not be eligible for release on bail.
Judges will usually only release a person accused of domestic violence on the condition that they attend a batterer’s program during the pendency of the domestic violence case. Oftentimes judges will impose a substance abuse program, anger management classes, or parenting classes. Defendants are monitored by the
probation department, and come to court for progress reports while their case is pending. This policy imposes a pre-conviction restriction of liberty. In many cases defendants who have no money to post bail stay in jail on a no time waiver basis for over 30 days, only to have the charges dismissed on the day of trial. In
domestic violence cases the right to a speedy trial within 30 days of arraignment for misdemeanors is undermined by an exception (Penal Code section 1050(g)) that gives the D.A. the power to keep the accused in jail for an additional ten (10) days.
A defendant who posts bail may not be obligated to attend the batterer’s program while their case is pending, but a domestic violence attorney may have to file a written motion. If the defendant makes any admissions about his or her case in the group counseling sessions, his or her group leader may inform the prosecuting district attorney, in spite of the patient/client privilege.
Experienced Domestic Violence Lawyer
The stakes are high in a California domestic violence case. A criminal conviction for domestic battery or criminal threats in California may result in jail, large fines, mandatory domestic violence counseling sessions which meet weekly for one year, mandatory alcohol education classes, personal conduct orders, stay away orders, temporary restraining orders, and other punishment. For that reason, it is critical that that a person charged with domestic assault, domestic battery, criminal threats or stalking have only a qualified domestic violence defense lawyer to handle the case from the earliest possible moment.
Contact The Office
Robert Tayac is recognized as being among the top domestic violence lawyers in California and represents clients in criminal cases related to domestic violence, assault and battery, and applications for and responses to restraining orders. Attorneys, investigators and experts working with this highly specialized law office represent clients in the Northern California criminal courts located in San Francisco, San Mateo Marin, Alameda, Santa Clara, Contra Costa, Sonoma and Napa counties. Additionally, lawyers of this law firm represent clients seeking or defending against temporary restraining orders and no harassment orders before the superior courts of San Francisco, San Rafael, Redwood City, South San Francisco, Napa, Oakland, Palo Alto, Walnut Creek, San Jose and Santa Rosa. The firm accepts only California domestic battery cases, California temporary restraining order actions or California driving under the influence cases.
The stakes are high in a California domestic violence case. An arrest for domestic battery, domestic assault, criminal threats or stalking in California may result in actual jail, large fines, mandatory 52 weeek batterer's treatment program, mandatory alcohol education classes, and other punishment. For that reason, it is important that you have only a qualified California criminal defense lawyer handling your domestic violence case from the beginning. If you or someone you know has been or may be accused of domestic violence, we invite you to read the information contained in this website and welcome you to call our office and discuss your case with a domestic violence lawyer. If you prefer, you may submit a confidential case questionnaire which will be reviewed by a member of our firm and receive a prompt response.
If you hire Robert Tayac to handle your
case, you will know your case is being properly handled by a knowledgeable, experienced, and trustworthy California criminal defense lawyer.
Office Locations and Areas We Serve
Mr. Tayac represents clients who have been arrested in the following counties as well as other cities throughout California and can meet clients at one of several office locations in Northern California.
This website is about California’s domestic violence laws and the
San Francisco and Bay Area courts.
Domestic violence cases in California frequently must be fought. Many people
arrested for domestic violence are innocent. A person doesn't have to commit a crime to be taken to jail by the police, especially in domestic abuse cases.