Relationships between spouses or dating partners are complicated, and tensions can escalate gradually or suddenly. If an argument gets out of hand, you may get arrested for domestic violence. It’s natural to feel overwhelmed and anxious about how events will play out and affect your future. However, before you start picturing the worst-case scenario, contact a trusted and experienced Los Angeles County criminal defense lawyer to discuss your situation. Your attorney can help you understand your options and what steps you can take to ensure you protect your rights in the days, weeks, and months to come. You may have questions about securing a bail bond, so you don’t have to spend unnecessary time behind bars while you navigate the legal process. This article explains how bail bonds work in California, particularly those relating to domestic violence charges.
Different Types of Domestic Violence Charges in California
The course of your case depends heavily on the nature of the charges you are facing. Under Penal Code § 273.5 “[a]ny person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim…is guilty of a felony.” In instances of domestic violence, the victim may be the defendant’s spouse, former spouse, cohabitant, former cohabitant, dating partner, past dating partner, mother, or father. Other offenses considered to be domestic violence, such as making criminal threats or stalking an intimate partner, can lead to misdemeanor or felony charges. It is the relationship between the parties that determines whether a threat or act of violence towards another falls into the category of domestic violence.
If convicted, you may face imprisonment, costly fines, and other limitations to your housing and employment options. Many charges, such as 273.5 discussed above, are referred to as “wobblers” because they can be filed as either a misdemeanor or felony—at the sole discretion of the prosecution. Note, however, that when the police arrest someone on a wobbler charge, they almost always treat it as a felony arrest. This applies to the amount of bail as well.
Understanding How Bail Bonds Work
Los Angeles County now releases many people arrested on lesser charges before they ever see a judge, without posting anything. That does not apply here. Domestic violence offenses are listed in Penal Code section 1270.1, and someone booked on a 1270.1 offense is not eligible for pre-arraignment release on non-financial conditions. Additionally, any deviation below the scheduled bail amount requires a hearing be held in open court. So a domestic violence arrest carries a bail figure, and the amounts listed below are the ones that matter.
Once law enforcement has arrested you for an alleged domestic violence offense, your arraignment will be scheduled within the next two court days. If you post bail before arraignment, you will usually get a court date about 21 days from your release. Some defendants wait until after the arraignment to determine whether the judge will release them on their own recognizance. In many cases, it is highly unlikely the court will grant an own recognizance release. Consequently, many (custody) defendants are under a lot of pressure to enter a guilty or no contest plea at arraignment in order to get released. That’s the primary reason to post bail, if you can afford to do so.
It’s important to recognize that the cost of a bail bond depends on the severity of the offense. For instance, bail for more serious crimes will be more costly than bail for less serious ones. Many defendants work with bail bond agents to post bail despite the high cost. However, those wishing to get out of jail as quickly as possible often turn to these services to help them enjoy their freedom while the case against them moves forward. Most importantly, it is much more effective to negotiate a disposition of a domestic violence case without the pressure to accept a bad deal in order to get released that day.
The Average Cost of Bail Bonds for Domestic Violence Crimes
Bail bonds are a form of insurance. In exchange for a fee (the bail “premium”) an insurance company, acting through a bail bond agent, guarantees the amount of the bail to the court. What they are guaranteeing is that you will go to court, not whether you are ultimately determined to be guilty or innocent. The premium charged is 10% of the bond amount, with some bail companies offering 8% rates for persons represented by a criminal defense attorney. Bail premiums can vary, with some bail bond agents offering rates as low as 5%. In addition to the premium for the bail, you may be required to provide collateral for the full amount of the bond. For example, a $50,000 bond may cost a premium of 8% ($4,000) as well as requiring $50,000 of collateral. The collateral is released at the conclusion of the case, but the bail company keeps the premium.
Since domestic violence crimes involve some form of violence, bail bonds for these offenses tend to be expensive. For instance, you may face a domestic battery charge if you have been accused of grabbing or slapping a person with the qualifying relationship. Since this altercation did not result in serious bodily harm, you will likely face a misdemeanor charge of domestic battery (Penal Code sec. 243(e)(1)). Bail for these types of offenses vary from county to county and range from $20,000 to $50,000. However, domestic violence offenses involving severe bodily injury often carry bail amounts in the hundreds of thousands of dollars. Some domestic violence charges may even be considered attempted murder, meaning you may not even qualify for a bail bond. Bail bond considerations vary significantly from case to case, so discuss your situation with your criminal defense attorney to learn more.
Steps to Take When Arrested for Domestic Violence
If a law enforcement officer arrests you for domestic violence, your first instinct may be to explain yourself and show them that the situation is simply the result of a big misunderstanding. However, attempting to explain the situation almost always makes things worse for you. Any statements you make at the time of your arrest can be used to further the case against you, so it’s usually in your best interest to exercise your Constitutional right to remain silent. Cooperate with the officers and trust that you will be able to discuss your defensive strategy with your attorney when the time comes. Below are a few additional steps you can take after your arrest to keep your future as bright as possible.
Do Not Contact the Alleged Victim
Most domestic violence arrests begin when someone makes an accusation against a spouse, household member, or intimate partner. Learning that someone close to you has accused you of domestic violence can be frightening and disorienting, and your natural impulse may be to contact them to discuss the situation. However, the best thing you can do is to cease all contact with your accuser immediately. Any attempt to speak with them may be interpreted as an act of intimidation or aggression on your part, so resist this urge. Instead, work with your attorney to identify the most strategic path forward.
Contact a Skilled Los Angeles County Criminal Defense Lawyer
No matter how overwhelmed you feel right now, you should recognize that you do not have to go through this stressful experience alone. Contact a trusted criminal defense lawyer right away to discuss your options for pursuing and securing the most favorable outcome possible.
If you are facing domestic violence charges in Los Angeles, Orange, Ventura, San Bernardino or Riverside County, call Wegman & Levin, APC at 818-495-8330 to schedule a free consultation with a skilled and experienced criminal defense lawyer.
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