If you or a loved one has been arrested for domestic violence in Okaloosa or Walton County, it can be a confusing and distressing time.
Knowing the steps to take for release and understanding how to protect your rights is essential. Here’s what you need to know about getting out of jail after a domestic violence arrest and how to choose a skilled criminal defense attorney to guide you.
Step 1: The Initial Holding Period
After a domestic violence arrest in Florida, the accused is typically taken to a local detention facility. In Okaloosa and Walton counties, this often means the individual will be held at the Okaloosa County Jail or Walton County Jail. For domestic violence charges, Florida law mandates a minimum holding period before release, usually 24 hours, to allow time for the court to assess the case. This rule is designed to protect the alleged victim but can add anxiety to the situation for the accused and their family.
Step 2: First Appearance and Bond Hearing
After the initial holding period, the accused will appear before a judge for a first appearance hearing. During this hearing, the judge reviews the charges and any evidence presented by law enforcement. The judge will determine if the accused can be released on bond and may also issue a “no-contact” order, restricting any contact with the alleged victim.
If the judge sets a bond, the family can arrange for the accused’s release by paying the bond amount. If the bond amount is too high to pay upfront, many families opt to work with a bail bondsman. A bondsman typically charges a percentage of the bond amount (usually around 10%) to secure the release.
Step 3: Choosing the Right Criminal Defense Attorney
After the initial release, it’s important to find a qualified criminal defense attorney to handle the case. A domestic violence charge can carry severe consequences, including jail time, fines, and a permanent criminal record. Having the right legal representation can make all the difference in the case’s outcome.
Here’s what to look for in a criminal defense attorney for a domestic violence case:
Experience with Domestic Violence Cases: Domestic violence laws in Florida are complex, and the legal process can be challenging. Look for an attorney who specializes in domestic violence cases, as they’ll understand the specific defenses and strategies that work best in these situations.
Knowledge of Local Courts: An attorney familiar with Okaloosa and Walton County courts will have valuable insight into how local judges and prosecutors handle domestic violence cases. This familiarity can be helpful in negotiating favorable terms, understanding bond conditions, and advocating effectively for the accused.
Clear Communication: A good attorney should explain your options clearly and provide a straightforward overview of the potential outcomes. Avoid attorneys who use complicated legal jargon; instead, choose someone who communicates openly and keeps you informed about each step of the process.
A Strong Track Record: Look for a lawyer with a history of success in cases similar to yours. Past outcomes can give you an idea of the attorney’s ability to reduce charges, secure favorable pleas, or even get cases dismissed when possible.
Step 4: Understanding Next Steps in the Legal Process
Once you’ve secured an attorney, they’ll guide you through each phase of the legal process. In many cases, the attorney may explore options for alternative resolutions, like a deferred prosecution agreement or a pre-trial intervention program, which could eventually lead to a dismissal. Each case is unique, and a skilled lawyer will tailor their strategy to fit the specifics of your situation.
The Importance of Acting Quickly
After a domestic violence arrest, time is critical. Swiftly hiring a reputable attorney can improve the odds of a positive outcome. Your attorney will immediately begin building a defense, gathering evidence, and advocating for the best possible resolution, whether it’s reduced charges, dismissal, or a fair plea agreement.
Final Thoughts
Facing a domestic violence arrest in Okaloosa or Walton County is challenging, but having the right legal team makes a difference. With a knowledgeable attorney by your side, you’ll navigate the complexities of the legal process more confidently. For those looking to secure the release of a loved one and protect their future, taking these steps can help achieve the best possible outcome.
If you’re in this situation, act quickly, and don’t hesitate to seek professional help. A good criminal defense attorney will support you through every step, working to protect your rights and safeguard your future.
If you need help with an arrest for Domestic Violence, give Lupella & Rehr a call for a free evaluation and how we can help.