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 Dismissed Domestic Violence
Client was texting a friend when her significant other tried to grab for her phone. When the client tried to pull away, the victim claimed that he was battered and the client was arrested and brought before DCF due a child being in the house. Attorney Matt Thompson wrote a letter to the State explaining the discrepancy in evidence and claimed that the client was in fact moving away from the victim and did not intentionally try to hit the victim. All charges against the client were dismissed.
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No Charges Filed and Prevented Arrest Grand Theft
Client was caring for her special needs sister. While caring for her she received advice from bank personnel to place her sister’s Disability Checks into a bank account in the Client’s name to avoid other family members from stealing money. Once the family members discovered this they called the police to investigate the Client. Attorney Thompson put together documentation showing how the money was being spent and met with police to further explain the situation. The police determined that there was no
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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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Charges Reduced Aggravated Battery on Law Enforcement Officer
Attorney Thompson provided the State with an extensive mitigation packet outlining the Defendant’s military service record and disability based on PTSD. Defendant was offered a minor jail sanction (60) days followed by probation in lieu of a 5-year minimum prison sentence as was originally offered by the State.
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Penalties Reduced Grand Theft, Fleeing, Possession of a Fictitious Driver’s License
Attorney Matt Thompson, through depositions and litigation was able to show that officers did not act according to the warrant by picking up the client immediately upon sight. The charge of Fleeing or Attempting to Elude Law Enforcement, which carries a mandatory felony conviction, was dismissed by the State and the client was offered probation and no felony conviction.
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All Charges Reduced Aggravated Assault with a Firearm
Client was accused of shooting a shotgun over the head of two minors. Attorney Thompson did a public records request to discover that officers reported to the scene of the crime the night of the incident and spoke to the victims on the evening the alleged crime occurred and believed the victims to be intoxicated and unreliable. Attorney Thompson conducted depositions of the officers and ultimately all charges were reduced to a misdemeanor and no incarceration.