Howard County Domestic Violence Arrest Process
An arrest is defined as taking somebody into custody. That is the same regardless of the charge. Typically speaking, what law enforcement will do is they will get a domestic violence call and see an injury of some sort, some corroborative evidence that it was an assault, and they will initiate an arrest.
The Howard County domestic violence arrest process is similar to that of other counties. The accused is normally put in handcuffs. They will have their rights processed to a commissioner, and ideally, get released. With the help of a Howard County domestic violence lawyer, the accused can take action to ensure that their initial arrest does not lead to more severe consequences.
Probable Cause and Reasonable Fear
Probable cause, at the root, concerns probability. If there is probable cause then it is more likely than not, that the incident occurred. It is based on the evidence and circumstances. If it is more likely than not that a crime has occurred, there is probable cause. In contrast, when dealing with reasonableness, one is dealing with an objective standard. Whether someone is injured or not is not always the most accurate measure of reasonableness. Oftentimes, it is whether or not an injury could have been sustained.
If someone pointed a gun at somebody else and pulled the trigger and there are blanks inside and they knew it and a person thinks they are going to be shot, they have committed a first-degree assault because they caused someone to fear for their life. An individual cannot do that to people. Pointing a gun full of blanks at someone, with the knowledge that the person being shot at, believes that are actually in harm’s way, and intentionally pulling the trigger, constitutes first-degree assault. In this hypothetical scenario, the individual has committed first-degree assault because they caused someone to fear for their life. An individual cannot do that to people. That is a reasonable fear of imminent bodily injury or death.
An individual cannot do that to people. Pointing a gun full of blanks at someone, with the knowledge that the person being shot at, believes that are actually in harm’s way, and intentionally pulling the trigger, constitutes first-degree assault. In this hypothetical scenario, the individual has committed first-degree assault because they caused someone to fear for their life. An individual cannot do that to people. That is a reasonable fear of imminent bodily injury or death.
Post-Arrest Protocol
If the typical Howard County domestic violence arrest process occurs, the accused will be transported to a local police station. They will be processed and asked questions about where they live and whether they work. These are all intake questions before they go to a commissioner that help gauge whether they can get released quickly or not. If the commissioner does not authorize release or sets a high bond, the next business day, they will go before a judge for a bail review.
The role of an attorney is to protect the accused and guide them. An effective lawyer can help assure that everything is in place, and can do what needs to be done. Being arrested is a traumatic experience. It is daunting. It can be upsetting. An individual sometimes will say things to try and help themselves without thinking and, oftentimes, their words come back to haunt them. Once something is said, an individual cannot unsay it. Although being charged with domestic violence can be a stressful experience, it is important for the accused to keep their composure and wait to speak with their lawyer.
Value of a Lawyer
If there is information to be given, if there is a defense to be had, a Howard County attorney can help with that. Once an individual is arrested, an entire series of events is set into motion. An individual cannot undo this chain of events; law enforcement is not going to let the accused go and the attorney can help.
Speaking to the police often does more harm than good, allowing the defendant to implicate themselves. That is why it is of the utmost importance that an individual gets in touch with an attorney as soon as possible, in order to avoid giving the police ammunition or things to use against them later. Working with a lawyer that has insight into the Howard County domestic violence arrest process is a necessary next step that can help the arrested individual protect their rights.