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Nicholas W.

William R.

Criminal Defense Experience - 40+ Years

Does a Vista Domestic Violence call always result in an arrest?

A Vista domestic violence call, or any domestic violence call in North San Diego County, almost always results in someone being arrested.  There are very few circumstances where an arrest will not occurr regardless whether the “victim” wants anyone arrested or not.  Years ago, there was not always an arrest, but because of cases where someone was killed or seriously injured after a police intervention without an arrest, policy now dictates an arrest in nearly every call.

Often times when there is a domestic argument, one party calls the police usually by dialing 911, sometimes to just request the police separate the parties or calm the situation and never dreamed that someone would be arrested.  Depending on the injury and investigation by the police on arrival, occaisionally the person who called 911 ends up being arrested if it is determined they were the aggressor.  Even if there are no injuruies, there are other considerations and aggravating factors besides loud noise and yelling, like threats, broken or damaged property and children.  Once a person is arrested and taken to jail, bail is set usually at $10,000 for a misdemeanor and $25,000 + for a felony.  The arrested person will be in Court within 3 work days, and if bailed will have a Court date a month later for a misdemeanor and a week later for a felony.  There may even be emergency restraining orders in effect not allowing the arrested person to contact directly or indirectly the victim and requiring staying away pending Court.   

It is important to contact a Criminal Defense Attorney as soon as possible to not only review the facts and defenses but often additonal information not considered at the time of arrest can be brought to the District Attorney’s (DA)attention by a criminal defenense and may result in the charges being rejected,  not filed or reduced.  It is the DA who reviews police reports and decides whether to actually file charges after an arrest.  The mere fact the “victim” does not want charges filed and never even wanted the person arrested does not control whether charges are filed once the police are involved.  Call Attorneys Nicholas or William Christoph at Christoph Law Offices at 760-941-5720 for a free consultation, we have handled hundres of domestic violence cases during the 32 years we have been across from Vista Courts and can help you get the best result in your case.

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