Domestic Violence FAQs
Los Angeles, Orange and Ventura County DUI Defense Lawyers
Frequently Asked Questions
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What will happen on my first court date and do I have to be there if I have a lawyer?
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The police did not read me my rights, will my case be dismissed?
Q: What will happen on my first court date and do I have to be there if I have a lawyer?
A: The first court date is called an arraignment. On this day a plea will be entered to the charges (guilty, not guilty or no contest). Usually, the police reports and a list of charges (Complaint) are obtained. The defendant in misdemeanor cases will usually not have to be present if represented by an attorney. In felony cases the defendant must appear.
Q. I was arrested for Spousal Battery but my wife was upset and says she made a mistake when she called the police. Can she have the domestic violence charges against me dropped?
A. No, only the District Attorney can drop the charges against you and this is unlikely to occur. A victim of domestic violence or what is commonly called spousal or co-habitant battery often attempts to recant the statement they made to police in order to have the charges dropped against an abusive spouse. In the past this has led to a cycle of continuous abuse. The District Attorney's Office prefers to file charges and let the courts decide issues of domestic violence.
Q. The police did not read me my rights, will my case be dismissed?
A. Law enforcement personnel are required to read you your "Miranda rights" only if two criteria are met. You must be in custody (usually "arrested"), and you must be interrogated (questioned about the details of the crime). A Miranda warning violation does not automatically result in the dismissal of a case. The statements that you made after the violation would be suppressed and not admissible as evidence.
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