What Happens After an Arrest for Felony Domestic Violence in California if Bail is Not Posted?

Question from Alex, What Happens After an Arrest for Felony Domestic Violence in California if Bail is Not Posted?

Answer from AI:

When someone is arrested for a felony domestic violence charge in California, and they do not post bail, they will not be automatically released after a certain number of days. Instead, they will remain in custody until their court proceedings are completed, unless they are released on their own recognizance or through some other legal process.

Initial Arrest and Booking

After an arrest, the individual is typically taken to a local law enforcement station for booking. This process includes taking fingerprints, photographs, and collecting other identifying information.

Arraignment

The first court appearance, known as an arraignment, usually occurs within 48 hours of the arrest, excluding weekends and holidays, according to the California Penal Code Section 825. At the arraignment, the individual is formally charged, and they have the opportunity to enter a plea of guilty, not guilty, or no contest.

Bail or Release

If the individual does not post bail, they will remain in custody until their case is resolved, unless the judge decides to release them on their own recognizance. This decision is typically based on factors such as the individual’s ties to the community, their criminal history, the seriousness of the charges, and the potential risk to the victim or the public.

Pretrial and Trial

After the arraignment, the case moves into the pretrial phase, which may include various hearings and negotiations between the prosecution and defense. If no plea agreement is reached, the case will proceed to trial. The individual will remain in custody throughout this process if they have not posted bail or been released on their own recognizance.

It’s important to note that this is a general overview and the exact process can vary based on the specifics of the case and the individual’s circumstances. Legal advice is necessary to understand the potential outcomes and options in a specific case.

Anyone facing felony domestic violence charges should consult with a legal professional who can provide personalized advice based on the specifics of their case. Legal aid organizations, such as the Legal Aid Foundation of Los Angeles, may be able to provide assistance to those who cannot afford a private attorney.