There are some criminal charges that are treated more like infractions when it comes to posting bail, like petty theft and public intoxication. In these cases, judges tend to set bail right away, allowing defendants to post their bond shortly after. However, there are some criminal charges that are treated very seriously; and those charged with them are at risk of being penalized to the highest degree. Domestic violence is a perfect example of such charges.
So, after being arrested on a domestic violence charge, you might have some trouble posting your bail. Continue reading to learn why, and what options you will likely have if it ever happens to you.
Domestic Violence: Who Gets Arrested?
Most people wrongly assume that the man is always the party who is arrested in the case of a domestic violence call. However, it is the actual aggressor (the ones who make the assault) who is arrested and taken to jail for a domestic violence charge, regardless of gender. Of course, the responding officers on the scene will use their professional discretion to determine if only one person is the aggressor, or if both are. In all cases of a domestic violence call, both parties are forced to separate for the day via police escort. Sometimes, this means that one party is arrested and taken to jail. See our blog, “Can I Bail My Husband Out of Jail on a Domestic Violence Charge?“
Your Right to Bail After a Domestic Violence Charge
Although the 8th Amendment in the Bill of Rights gives United States citizens certain rights surrounding bail, it is possible for bail to be denied, especially when violence is involved. Because the crime of domestic violence is a violent crime, a judge might interpret a person to be a threat to themselves or others while out on bail. For this reason, the judge might decide to revoke bail rights and require a defendant to stay incarcerated until their trial. If this happens, you cannot post your bail.
If a person who does not have a history of violence or crime is arrested on a more minor domestic violence charge, a judge will likely stick with the Indiana bail schedule and set their bail accordingly. See our blog, “Local County Bail Bond Schedules for Melbourne Fl” to learn how much bail is generally set for Class A misdemeanors, up to Level 2 Felonies.