What to Expect When Charged with Domestic Violence

 Posted on April 25, 2019 in Domestic Violence

Being accused of domestic violence can be terrifying. It is likely that your accuser is someone you love, and there is a possibility you could end up with a criminal record. Not knowing what is going to come next is one of the most frightening aspects of the entire process.

While each domestic violence case is different, there are a few similarities they all share. They all typically begin with a phone call to the police, reporting the domestic violence. It is important for anyone to understand that once this happens, the decision to lay charges does not rest with the alleged victim. When police respond to a 911 call to report domestic violence, they must make an arrest. After the arrest is made, the accused will face a number of hearings and possibly a trial.

The Bond Hearing

When people are accused of committing a crime, they are often able to post bond or bail. This releases them from the police station until they have their first hearing in front of a judge. According to the Illinois Code of Criminal Procedure, however, bond is not possible for those accused of domestic violence. At least, not right away.

Instead, defendants must wait for a bond hearing when they will appear in front of a judge. There is no law that states this must happen right away. Often defendants must wait until the following day, or even until the following Monday if there were arrested during the weekend.

At the hearing, a judge will only determine if the defendant is eligible to post bond, how much it should be, and whether or not to issue a protective order. The judge will consider the defendant’s criminal history and the seriousness of the alleged crime.

When a judge allows the defendant to post bond, they still cannot have any contact with the alleged victim for 48 hours. This remains true even if the alleged victim wishes to see the defendant.

The Status Hearing

The status hearing is held to determine if the case is going to trial. The court will call upon the victim to make an appearance. When the victim fails to appear, this is often enough for the courts to dismiss the case. If the court still wishes to speak to the victim, they will sometimes schedule another status hearing.

There are some cases a judge may decide to take a case to trial even if the victim was not present at the status hearing. These include when the defendant has confessed, or there is substantial evidence against the defendant.

The Trial

If an alleged victim comes forward and wishes to testify, the case will most likely move to trial. A judge will set a trial date, but this does not necessarily mean that the case will go before a jury. At this time, the defendant can ask their attorney to negotiate a plea bargain deal with the prosecution. For those that do not want to take their chances at trial, this option allows the defendant to enter a guilty plea in exchange for a reduced sentence.

Charged with Domestic Violence? Call the Rolling Meadows Criminal Defense Lawyer that Can Help

The process after being charged with domestic violence is a lengthy one, and no one should handle their case alone. An experienced Rolling Meadows criminal defense attorney can help anyone charged build a strong defense and possibly even get all charges dismissed. If you were charged with domestic violence, contact the Law Offices of Christopher M. Cosley at 847-253-3100. Cases involving domestic violence charges move quickly, and there is no time to waste. Call today for your free consultation so we can start reviewing your case.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2100