If my son is arrested for domestic violence in California, what will happen to him? 13 Answers as of March 07, 2011

Will my son have to do jail time if he was arrested? What can I do to help him at this point?

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Your son needs an attorney. It remains to be seen whether he will be convicted or have to serve any jail time.
Answer Applies to: California
Replied: 3/7/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
A DV charge should be avoided at all costs. Jail may not be the worst of his concerns, because any DV conviction in California requires doing a 52 week class, which is long, expensive and, if not completed timely and completely, results in a probation violation. Hire an experienced defense attorney for him, that's the best gift you can give him now.
Answer Applies to: California
Replied: 3/3/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
What will happen? He will have to defend the criminal charges, just like any other defendant. The only thing you can do is hire him an attorney. When charged with a felony, you potentially face one or more years in prison if convicted. When charged with a misdemeanor, you potentially face up to 6-12 months in jail and fines, etc. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it, depending upon all the facts and evidence. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.
Answer Applies to: California
Replied: 3/2/2011
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
Usually he'll have $50k bail and be stuck there unless you come up with $4k-$5k bail money. That's the first thing.

As for his likely offer, it depends. Is it a felony or a misdemeanor? If the injuries are bad enough or he has a prior record, jail is possible. He would likely also get 3 years of probation, several hundred dollars in fines, a 52 week domestic violence class, and a protective order for 3 years.

You can help by getting good character evidence from family and friends and maybe from the victim. Though there may be a protective order preventing contact with her by him or anyone on his behalf. Have an attorney interview her soon. If he bails out, get him into counseling right away. Hire a good attorney familiar with that court!
Answer Applies to: California
Replied: 2/28/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
All criminal cases are fact driven. The answers here are general answers as to what you may expect from the information you have provided. Sometimes on the same facts, courts may come up with different results. He will be taken to the county jail and booked. At that time he will either be released on OR or have bail set. If he has bail then he can be bailed out or stay in county jail until his arraignment. At the arraignment the charges filed against him will be read and he will be read a statement of his rights. At this time he will be asked if he would like an attorney. If he has hired an attorney the attorney will handle the arraignment as agreed on between them. If he does not have an attorney and wants one he will be offered the Public Defender. He will then be asked to plea guilty or not guilty. He will be tolled the penalty if he pleads guilty. If he pleads not guilty a court date will be set for his next appearance. If he pleads guilty he will be sentenced. You can help him by bailing him out if he needs that and by hiring an attorney to represent him.
Answer Applies to: California
Replied: 2/28/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Need more information to properly phrase an intelligent response. What could happens depends on how the case is charged and whether or not it is defensible. Being arrested does not necessarily mean custodial time, though bail in these cases may be such that even an innocent person remains incarcerated (Polotics). The best thing to do is find him a good attorney.
    Answer Applies to: California
    Replied: 2/28/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Domestic violence is a broad term and can encompass anything from minor misdemeanor conduct to felony charges. So in that respect your question of whether he will do time cannot be answered. One thing is for sure that if he is convicted of what qualifies as a domestic violence offense he will have to attend mandatory domestic violence counseling and be subject to restraining orders and possibly a no contact order with the alleged victim.
    Answer Applies to: California
    Replied: 2/28/2011
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    Depending on the severity of the injuries to the victim, if he is found (or pleads) guilty, he will likely be sentenced to jail time, diversion counseling, and pay fines and restitution. The best thing you can do for him is to hire an attorney who can represent his interests, challenge the allegations against him, and negotiate in his behalf or take the case to trial. Good luck. These are serious charges. Serious thought should be given to how to help him not suffer the most grave consequences.
    Answer Applies to: California
    Replied: 2/28/2011
    Law Offices of Lawrence Wolf
    Law Offices of Lawrence Wolf | Lawrence Wolf
    You should contact a lawyer right away Call if we can help.
    Answer Applies to: California
    Replied: 2/27/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Get him a good lawyer. You can call me as I can help you if he is in the Bay Area and if not I can suggest people. At a minimum he will get 52 weeks anger management counseling. If this is a first offense and the injury is NOT SERIOUS he probably won't get jail time or maybe 10 to 15 days. But if it is serious he will have some big problems. If the wife is not wanting to press charges she cannot get it dropped herself - they will tell her the victim is the People of the State of California - but call me and I can explain what she should do.
    Answer Applies to: California
    Replied: 2/27/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    It really depends on the severity of the domestic violence. If handled correctly there are alternative sentences that do not involve jail.
    Answer Applies to: California
    Replied: 2/27/2011
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