Maryland Domestic Violence Arrests
Maryland domestic violence arrests can damage someone’s reputation. It is essential to consult an experienced attorney who can ensure that the person understands their rights during an arrest. If the charges cannot be dropped, the person will need to negotiate a resolution and prepare for their jury trial. A skilled lawyer can assist someone through this process.
Facing an arrest can have long term impacts on your reputation, ability to find employment, and can lead to prison time if convicted of domestic violence. Following Maryland domestic violence arrests, you should consult a dedicated domestic violence attorney.
Circumstances Required for Arrest
Maryland law enforcement officers are never required to make an arrest in a domestic violence case. However, if they feel there is probable cause to charge somebody, they can do so. In certain circumstances, the charges are minor and the other person might not be arrested, but charged in another way like by citation. With crimes of violence, the person is often arrested and taken to the police station for processing.
Constitutes Probable Cause
As defined by Maryland law, probable cause is a fluid term. It means that the state, police officer, or other authority conducting the investigation makes a determination based on the evidence that a crime took place.
Reasonable Fear of Imminent Physical Injury or Death
As defined by Maryland law, reasonable fear of imminent serious physical injury or death is subjective and based on a reasonable person standard that if one was in that same circumstance, they would have that fear. For example, somebody was attacking or threatening the person, and the circumstances of the attack or threat put a reasonable person in fear of harm. The courts determine if there was a reasonable fear of imminent physical injury or death based on the evidence.
How Does a Domestic Violence Arrest Differ From Other Arrests?
Maryland domestic violence arrests do not differ from other arrests. The process of arresting somebody goes through the same procedures. However, domestic violence cases might have more stringent conditions of release because the person released in a domestic violence case cannot be permitted to go back to their residence when the other party involved in the domestic dispute resides at that address.
Right to Remain Silent
A person should not give an official statement without their attorney present. The police are at the scene of the domestic violence to get statements from people. They are there to solidify their conviction. If a person makes a statement to the police before their lawyer arrives, they may not recognize that, even if they try to make a statement to profess their innocence, their statement or a piece of that statement could be used against them in court. It is most important that a person exercises their right to remain silent until their attorney can appropriately help to navigate the investigation.
Working With a Domestic Violence Attorney
Anything the person says can be used against them, even if it is something the person believes can be used in their favor depending on the investigation. A local criminal attorney understands and knows the person’s rights to certain kinds of evidence, a fair bond review, and a speedy trial. The person who is arrested may not understand completely; their lawyer can assist them in asserting and protecting their rights.
If you have been arrested on domestic abuse charges, it is critical that you contact legal representation to help you navigate through the investigation and next steps. An attorney can assist you in persuading a judge to grant pre-trial release. Maryland domestic violence arrests can be complicated and confusing, and you will want legal counsel when you are making statements, and preparing for the court hearing.