There is no legislation that requires Omaha law enforcement to make arrests in domestic violence cases. However, officers have prosecutorial discretion to make an arrest if they believe someone committed a crime. A domestic violence charge can completely change your life, so you be prepared to face a serious legal battle if you were arrested for domestic violence.
If you’re facing criminal charges, you should hire an experienced domestic violence attorney who will work to protect your rights both inside and outside the courtroom. To learn more about domestic violence arrests in Omaha, reach out to an experienced lawyer at Berry Law.
What Constitutes Probable Cause in Omaha?
When a police officer has sufficient evidence to believe the suspect committed a crime, he or she has probable cause to make an arrest. In a domestic violence case, sufficient evidence might include text messages or bruises. If you believe the police didn’t have probable cause before arresting you for domestic violence, get in touch with an aggressive lawyer right away. At Berry Law, we will work to protect your rights throughout the legal process.
Understanding Reasonable Fear of Imminent, Serious Physical Injury or Death
Determining if there is a reasonable fear of imminent serious personal injury or death requires a two-part analysis. The accused must be physically able to carry out the threat. Additionally, the law considers whether an average, reasonable person would find it a credible threat. In a domestic violence case, an attorney can argue that the accuser’s fears are unfounded.
How Does a Domestic Violence Arrest Differ from other Criminal Arrests?
In many instances of alleged criminal activity, the officer arrests the individual, issues a citation, then allows him or her to leave. After a domestic violence arrest, the police will book the accused person at the jail. That individual will need to post bond, even if it is a misdemeanor offense.
What Can Accused Individual Expect after an Arrest for Domestic Abuse?
There are collateral consequences for domestic violence arrests. The accused individual should expect law enforcement to take his or her mugshot and fingerprints. He or he will also have to remain in jail until the bond hearing. The length of time between the arrest and the bond hearing often depends on many factors, such as the day of the week and the time the police issued the arrest.
After law enforcement releases you from jail, the court may prevent you from going home or contacting your children. You should also expect the court to issue a no-contact order with the accuser. An arrest involving domestic violence can significantly impact how you go about your life, so it would be in your best interest to retain strong legal counsel if you anticipate an accusation.
The Importance of Refraining from Speaking with the Police
If you are arrested for domestic violence, you should refrain from speaking to the police until your lawyer arrives. Law enforcement officers can use any statements you make against you.
It is also important to note that police officers do not have to tell the truth when they question you. They can lie to try to get more information from you. If you don’t have all the facts of the situation, making a statement immediately after your arrest can harm your case. Even if you think your comment won’t hurt the case, the police might see it as incriminating.
For example, if you state that you did not assault someone but admit to being at the scene of the alleged assault at the same time it happened, the police can use that information to warrant a conviction.
The Benefits of Hiring a Lawyer after a Domestic Violence Arrest in Omaha
Having a seasoned defense attorney on your side after a domestic assault arrest can have a significant impact on your case. A lawyer can help you modify the terms of your bond. Additionally, the legal team at Berry Law can help you resume as much of your normal life as possible.
You are unlikely to achieve your desired outcome if you attempt to represent yourself. After a domestic violence arrest in Omaha, Berry Law can help you navigate the legal process as efficiently as possible. Contact Berry Law to schedule a confidential consultation.