Law Office of Peter Blair

(619) 357-4977

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Domestic Violence Stage Three: Arraignment and Pretrial Hearings

Stage Three: Arraignment and Pretrial Hearings

Process of a Domestic Violence Case

The first court date will be an arraignment. This is a relatively simple hearing where we plead not guilty, set new dates, and address issues of bail, including the bail amount and the protective order. Good character, limited criminal history, and ties to the community in the form of steady employment and family support will influence the judge’s decision in lowering the bail and modifying any protective order.

After the arraignment will be a series of hearings called readiness conferences, where your attorney negotiates with the prosecutor and the judge to resolve the case prior to going to trial. Domestic violence cases are the hardest cases for a prosecutor to prove. Your attorney must push for trial from day one of the negotiations in order to obtain the best possible deal. The investigation must be thorough and complete prior to negotiating the case to give the prosecutor an idea of the difficulties they will face in proving their case.

In felony cases, there will be a preliminary hearing. This is when the prosecutor puts all of their evidence on to show that there is simply enough reason to take the case to trial. The prosecutor needs to show that it is simply more than likely that the crime occurred. The preliminary hearing is the most important hearing in a felony case.

Your attorney will have the opportunity to cross-examine the victim to expose any lies or embellishments that may be included in the police reports. A discredited victim serves as an extremely valuable in tool in negotiations. The conduct and injuries will also be examined at the preliminary hearing, which weighs heavily on whether the case should proceed as felony or a misdemeanor.

Your attorney may make a request at the preliminary hearing for the judge to deem the charge to be a misdemeanor, above the prosecutor’s objection. If the evidence has been properly investigated, challenged, and negated at the preliminary hearing, the case may be resolved for a greatly reduced charge, or even dismissed in the subsequent negotiation stages before trial.

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Attorney Peter Blair

Have you been arrested?

While it is true that everyone makes mistakes, this fact is of little comfort when you have been arrested. An arrest could compromise your job, your social and familial relationships, reputation, literally life as you've known it. Since the government has the power to take away your liberty for a mandated period of time, possibly for the rest of your life, a vital first step after an arrest is to seek the counsel of a San Diego criminal defense lawyer who understands the courts and laws of our region. Criminal defense is definitely an area of the law you do not want to face alone or try to handle without assistance. No matter what the charge, a DUI, drug crime, internet crime or domestic violence, a professional criminal defense attorney will offer a free consultation.

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Available 24/7. Don't Wait Call Us NowThe Law Office of Peter Blair
401 West A Street Suite 1420San Diego,CA92101
Phone(619) 357-4977Fax(619) 839-3745If you have been arrested we come to you.
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