Maryland Domestic Violence Arrests
When someone is arrested for domestic violence, they are placed in handcuffs, advised of their rights to remain silent, transported back to the station, and processed. The arrest process is usually the same as any other offense arrest. After Maryland domestic violence arrests, information will be gathered, background information about where they live and work.
At some point, the talk with the commissioner who is a public servant and not a prosecutor or a judge. The commissioner will decide whether it is appropriate to release individual or hold them on bond or hold them without bond and if they are going to be released, what conditions should be put in place. It also is the first opportunity that an individual has to speak to an experienced domestic violence lawyer.
Arrest Requirement Scenarios
Typically if there is a report or a call, they may ask the police to come to the scene and if they deem that it is just an argument, they do not do anything. Maryland domestic violence arrests usually occur when there is evidence of an actual assault or the belief an assault has happened. Examples of visual evidence include a bruise or scratch, a mark, whatever may be, or even an admission by the defendant, which sometimes happens that they did commit a physical act.
Reasonable Fear of Injury
A second-degree assault is a harmful offense of unconsented-to contact. Someone could be in reasonable fear of being pushed or slapped and that would be enough for criminal charges of second-degree assault. In Maryland domestic violence arrests, a person does not need that to make an arrest, they need far less but if they have that, that gives basis or probable cause perhaps for the charge of a felony first-degree assault.
Avoiding Speaking to Law Enforcement
Any statements made to the police after they have been arrested will not help them. The individual has been arrested and is going to be charged, so there is nothing that is going to change based on what they say to the police. Instead, anything they say could potentially be used against them. If an individual does want to make a statement, they can always do so later with the guidance of an attorney that is going to protect their interests.
There are no benefits to be had by making a statement once an arrest has been effectuated and if there is no benefit, all that can come from it is harm. Many individuals think they are helping themselves, but they bury themselves by making statements where they reference pushing the person a little bit, which could be construed as admitting to a criminal act, which counts as a confession.
If counsel represents a person and the police are aware of it, police are not permitted to speak to the defendant. Once the person has invoked their right to counsel, any questioning must be immediately stopped, any interrogation must be stopped. That is one of the key reasons to have an attorney, just because the police cannot try to speak to person because individuals will speak even if they have been advised not speak, then all that evidence can come in against them and the police can continue questioning, interrogating, trying to find holes in a person’s story, and trying to change their story, and all that can be used against them, which is imperative to avoid.
Role of Law Enforcement
What is different about Maryland domestic violence arrests as opposed to a lot of other types of crimes is that in many crimes, the officer is the key witness that has gathered evidence or found someone with the proverbial hand in the cookie jar or a car accident.
If an officer pulls somebody over and suspects they are drunk, on drugs, or otherwise, they must have evidence. Whereas, in domestic violence, they come in the aftermath and have to piece together what it is that happened, and it is the accuser that is the key witness that they are trying to glean whether the accuser is credible and whether the allegation is credible.
If an officer comes to the scene and the accuser says they were punched repeatedly in the face, but yet the officer does not observe a single mark, scratch, or redness to the face then it is not credible. If they see bruising, swelling, scratches, or scrapes, then that supports the allegation and that helps support a finding a probable cause to arrest an individual.
Importance of a Lawyer
An adept domestic violence attorney can advise you on what to say and not say, following an arrest on domestic violence charges. A Maryland domestic violence lawyer can take a comprehensive approach, examine all evidence, and use it to start building your case. If you face domestic violence charges, get in touch with a determined attorney who can work hard to make sure that your rights are protected and that you get the representation you deserve.