Bonding Issues for Domestic Violence Arrests
Understanding Bonds & First Appearances
When someone is arrested for domestic violence, they will not be released until they go before a Judge at a hearing called First Appearances. Where most arrestees are able to post bond immediately, those arrested for domestic battery cannot. After the arrest, they will be held on “No Bond,” meaning that the person who got arrested cannot post bond and be released. Do not worry, this does not last forever.
Cooling Off Period
I have always said that if the police respond to a domestic violence situation, someone is getting arrested. It is too much of a liability for the police to leave two people who are fighting at home together. Because of that liability, the Florida Statute has set a “cooling off period” where the Statute mandates that someone who is arrested for domestic battery must go before the Judge before a bond can be set. This allows for the State to:
- do a proper background check on the arrestee;
- try to make contact with the victim; and
- be prepared to discuss those issues before the Judge.
When Can I Bond Someone Out If They've Been Arrested for Domestic Violence?
First appearances happen the following day after a domestic violence arrest. On the weekends, the hearing is typically first thing in the morning. On weekdays, the hearing is in the afternoon. Most counties hold the hearings at the jail and some even allow for the parties to attend via Zoom. Below are links to some of the neighboring county jail websites so that you can contact the jail directly to see if your loved one is set for court.
If you would like to speak to an experienced attorney concerning an arrest for domestic violence or domestic battery, please call us at (386) 280-4977.
County Jail Information
Volusia County (Daytona Beach, DeLand, Deltona, Orange City, Lake Helen, New Smyrna Beach)
Seminole County
Flagler County
Client-Focused. RESULT-DRIVEN.
Working Closely with You To Build a Strong Case
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All Charges Reduced Aggravated Battery
Attorney Thompson conducted depositions on the alleged victim and third-party witness. Attorney Thompson was able to show that the victim was harassing the Defendant and was not being truthful to the police. Attorney Thompson filed Order to Show Cause against the third-party witness for avoiding subpoena for depositions.
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Charges Reduced, Guidelines Waived, No Probation Failure to Register as a Career Criminal
The Client was arrested out of State for a warrant for failure to register as a career criminal. This violated his probation out of Miami-Dade County, Florida. Attorney Thompson was able to track the Client’s addresses and discovered that his landlord at the time lied to his probation officer about his renting an apartment because the landlord was not zoned to allow tenants. The State agreed to a time-served sentence for the time he spent in custody being transported to Florida.
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All Charges Dismissed Racing on the Highway
Client was arrested after leaving a car show in a fast vehicle. Officers suspected the client of racing another vehicle and police officers pulled him over, drug him out of his vehicle, and arrested him for both racing on the highway and resisting an officer without violence. Upon review of the body camera video, Attorney Matt Thompson raised an excessive use of force complaint against the arresting officer. All charges against the client were dismissed.
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Deferred Prosecution Agreement Loitering and Prowling
Client became disoriented due to a medical condition and entered a car that did not belong to him, but looked just like his car. Attorney Thompson provided mitigation to the State concerning the Defendant’s medical issues and ensured the client would be offered a Deferred Prosecution Agreement by the State wherein all charges would be dismissed upon completion.
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No Criminal Charges Filed Public Assistance Fraud
Attorney Thompson and Client reviewed case and met with Department of Revenue investigators to explain the discrepancy. In doing so, the State determined that they would not seek criminal charges, but offered a repayment plan through non-judicial means.
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Charges Reduced Domestic Battery
Attorney Thompson provided a letter outlining defenses in case. State reviewed letter and spoke to the witnesses and offered to reduce the charges to a non-violent disorderly conduct with no jail and no probation.