West Palm Beach domestic violence arrests could have numerous long-term and short-term consequences on a person’s personal and professional life. While an arrest may leave individuals overwhelmed, help could be available in the form of a seasoned domestic violence Lawyer. Our dedicated Attorneys at Leifert & Leifert could provide you with support and guidance during such stressful times.
When are Police Officers Required to Make an Arrest for Domestic Violence?
Law enforcement officers typically make arrests in West Palm Beach when they fear that future domestic violence is imminent or even possible. Officers may fear an escalation of abuse that leads to serious injury or death if they do not make an arrest. If the police are called and they determine that family abuse occurred in the residence, it is rare for them to leave without making an arrest.
An officer’s job is to look out for the safety of the accuser. If there is evidence of a struggle, fight, or argument, the police will not leave the scene without interfering. The facts and circumstances of the situation will dictate whether one or both individuals go to jail.
Defining Probable Cause in Domestic Violence Cases
West Palm Beach law covers a wide range of factors under the term probable cause. The term dictates reasonable suspicion based on articulable facts that a crime was, has been, or is about to be committed. An officer could have probable cause if they arrive at a scene and spot a person crying or notices red marks, bruises, or bleeding on an individual. This may be seen as signs of a struggle or abuse. Such signs could give officers the right to suspect that a fight occurred. The primary aggressor could be determined by who is injured and what statements or behaviors each person gives off. If officers make an arrest without probable cause, a tenacious West Palm Beach attorney could help the accused fight the inevitable domestic violence charges.
Understanding Reasonable Fears
In West Palm Beach, objectively defining reasonable fears or imminent serious physical injury could be difficult for domestic violence arrest cases. To determine whether there is a reasonable fear, the Police may need to make an investigation. If the police come to the scene and there is only one person on site, there is typically no imminent fear of serious physical injury or death. Cases, where two individuals are found with one or both persons intoxicated or agitated, are typically clearer. Officers can take action to protect both themselves and citizens.
What to Expect Following a Domestic Violence Arrest
After being arrested for suspected domestic violence, an individual should expect to be put in a holding cell and be forced to wait to appear in front of a Judge. The time of the initial appearance typically hinges on what time the defendant is arrested. If the individual is arrested in the early morning hours, their court appearance could be scheduled for the same morning. In other cases, they may be required to wait until the next day. During this initial meeting, a judge might determine under what circumstances, if any, the defendant might be released.
Defendants are advised to refrain from speaking to the police until they consult their domestic violence attorney. The job of the police is to conduct an investigation and not to help the accused. An accused person may not know what information the police has already collected and what information they are unaware of. It is not the Defendant’s job to help the police and give them evidence. Our seasoned lawyers at Leifert & Leifert could be present with the accused while they are speaking with the police to prevent them from incriminating themselves.
Call to Learn More About Domestic Violence Arrests in West Palm Beach
West Palm Beach domestic violence arrests can lead to serious penalties and other long-term consequences. If you have been accused of a domestic violence charge, reach out to a dedicated criminal defense attorney. Our representatives at Leifert & Leifert could fight for you and advocate on your behalf. Call us today to set up a consultation.
