Our Fort Lauderdale Criminal Defense Attorney Explains What You Should Know About Domestic Violence Charges and What You Might Expect After Arrest
Domestic violence charges can be frightening to face, especially if you've been arrested on those charges. They can change your life in a heartbeat, but you don't have to face them alone. Broward Domestic Violence Attorney Dave Simmons is committed to providing his clients with superior representation from arrest to the very completion of the case. Let us fight for your rights and determine the best defense for your case.
What to Expect After a Domestic Violence Arrest
When a defendant is arrested for a charge of domestic violence, they are not given an “automatic bond.” Instead, Domestic Violence cases are set at “No Bond” until the defendant is brought before a magistrate Judge at First Appearance Court.
The law requires this “first appearance” to happen within 48 hours of the Defendant’s arrest. However, if an arrest occurs on a holiday weekend, it is possible that an accused may not see a Magistrate for up to 72 hours.
At the First Appearance, the defendant will be advised by the Judge on the nature of the charge and whether there is probable cause to hold the accused based on the police report.
If the charge is filed as “domestic” by the State Attorney’s Office, the case will be set in the domestic violence unit before a Judge who presides exclusively over domestic violence cases.
Domestic Violence Law in the state of Florida is complex. It incorporates mandatory minimum sentencing guidelines. Sanctions for a Domestic Violence conviction after a plea can include the following:
- Mandatory 26-week Batterer’s Intervention Program
- Mandatory 12-month probation
- A Permanent Criminal Record that can never be sealed or expunged upon a plea
- Community service hours
- Loss of gun ownership rights
- County jail or prison sentences
- Imposition of a No Contact Order
Statute F.S. 741.283 only sets the minimum sanctions. Beyond sanction requirements, the statute sets a minimum term of incarceration for domestic violence cases for anyone who is adjudicated guilty of a crime of domestic violence and causes bodily harm to any person.
The Court shall order a person to serve a minimum of 10 days in the county jail for the first offense, 15 days for a second offense, and 20 days for a third or subsequent offense unless the Court sentences a person to a nonsuspended period of incarceration in a state correctional facility.
Florida Law also mandates for anyone with a previous conviction of domestic battery, even if adjudication of guilt was withheld, any new charge of domestic battery shall be enhanced to a felony.
Restrictions on Sealing or Expunging a Domestic Violence Record
You may also be thinking about your long-term future after a domestic violence arrest, including whether you will be able to seal or expunge your record. Many misdemeanor and felony dispositions can be sealed or expunged in a separate civil process. Many records can be sealed when the resulting disposition is withheld from adjudication. All records can be expunged with a dismissal or when the State declines to file the case. Records can be sealed after an acquittal by trial but may not be expunged.
However, any plea that results in a domestic violence disposition that does not include a dismissal may not be sealed. It will become a permanent record. F.S. 741.28 considers domestic violence a dangerous crime and excludes any domestic violence disposition from being eligible to be sealed.
For this reason, Fort Lauderdale Domestic Violence lawyer Dave Simmons knows the importance of avoiding any disposition under the domestic violence umbrella.
Circumstances When a Domestic Violence Charge May be Sealed
One option for sealing a record is to apply and be accepted into a pre-trial diversion program. This is an option especially if the state has a very strong case against you. The State may require you to complete community service hours and a Batter’s Intervention Program, and upon completion of the program, the State will dismiss the charge, clearing the way for the record to be eligible to be expunged.
Another option is to negotiate with State Attorney and come to an agreement that the charged shall deemed to be not “domestic” in nature, and with this stipulation, the charge could be sealed upon a withheld adjudication.