What can I do if I am arrested for domestic violence?

RickOliver • Apr 28, 2019

The first thing you could and should do is to disengage.

Your relationship may or may not be over. You may or may not be able to work it out. You may or may not be able to get through this difficult time to become a stronger family or couple. But, now is not the time for reconciliation. Now is not the time for contrition. Now is not the time to ask for forgiveness.

Right now is the time you need to call someone like me. Right now you need good and professional advice. Right now you need to have a better understanding of what it is you are facing.

“Probable Cause” is all an officer needs, in terms of evidence, to arrest and charge you with a crime. That’s not a lot of evidence. In many cases it amounts to nothing more than the bare accusation of a complainant.

So, the bad news is that it doesn’t take much for you to be arrested. The good news is that is often how I beat these cases—by finding out and understanding all of the details of the case—not just those that appear to amount to probable cause—that get overlooked or ignored by law enforcement.

Initially, the first thing you can and must do is to abide by the terms of any restraining order or order of protection issued by the court. Depending on your specific circumstances, some orders of protection can be modified (e.g. allowing you to go home during the pendency of a Magistrate’s Order for Emergency Protection, etc.). Either way, if you are accused or found to be in violation of any such order you are likely to be re-arrested, charged with a new offense, and denied bail while your case is pending. So, be careful and be sure you understand any document that is given to you by the court.

Beyond that the best thing you can do is to hire a lawyer and then help your lawyer understand the whole story. Few fights are entirely one-sided. Most fights begin with some kind of mistake or misunderstanding. And, few fights are the result of a single flashpoint. In other words, in most situations there is some kind of build-up to the ultimate fight. Additionally, the sequence of events exactly as they occurred at the time of the alleged assault is critical. If you were involved in an altercation and were not the first aggressor—even if the complainant is female—it is likely you did not commit an assault.   

If you have evidence in your email or your phone or your social media that can be printed and saved and used to tell the whole story, keep it. And, you should continue to collect that kind of evidence while you are out on bond.

If your complainant calls—don’t answer. Let them leave a message. Save it. It could be evidence that proves you’re not guilty. Unless a phone call is recorded there is no way to prove what was said.  

Traffic Safety Awareness: Legal Penalties for Violations

15 May, 2024
This National Traffic Safety Month, we aim to shed light on the potential legal implications of common traffic violations such as speeding, distracted driving, and more. Our goal is to help you stay informed and navigate the complexities of traffic law effectively. Here are some frequently asked questions about traffic violations and their penalties. What are the penalties for speeding? Speeding tickets can result in fines ranging from under $50 to several hundred dollars. The exact amount often depends on how much you were exceeding the speed limit and the jurisdiction in which the offense occurred. For excessive speeding or repeated offenses, the penalties can be more severe, potentially escalating to criminal charges, including misdemeanors or felonies, depending on state laws and the specifics of the violation. What constitutes distracted driving and what are the penalties? Distracted driving primarily includes behaviors such as texting while driving. Penalties for distracted driving vary widely across states, typically ranging from $20 to $250 for fines. However, some states impose even higher fines, especially for first-time offenses, reflecting the growing recognition of the risks associated with distracted driving. How are red light violations penalized? Fines for running red lights can vary significantly, generally ranging from $50 to $500. The exact penalty depends on local laws and the circumstances surrounding the violation. What are the consequences of driving under the influence (DUI)? Driving under the influence of alcohol or drugs is a serious offense with severe penalties. These can include heavy fines, license suspension, mandatory education programs, and even imprisonment. What other consequences can traffic violations have? Traffic violations can lead to increased car insurance premiums and points on your driver's license. Accumulating points can result in license suspension, mandatory driver retraining, or other administrative actions. These consequences can significantly impact your financial and legal standing. How can Cockrell & Oliver Law Firm help if I'm facing charges for a traffic violation? Our experienced legal team can assist you in navigating the legal system to potentially reduce fees or charges. This support is crucial in preventing long-term financial or legal repercussions. If you have more questions or need assistance with a traffic-related legal issue, please do not hesitate to call us at. Our expert team is here to help you understand your rights and options.

What are the benefits of a Petition to Expunge criminal records versus an Order of Non-Disclosure of criminal records?

By RickOliver • 28 Apr, 2019
In the state of Texas there are two remedies available to a person who is trying to clean up a criminal record: (1) a petition to expunge; and (2) an order of non-disclosure. The eligibility requirements for each are different. Unfortunately, if you were convicted of the crime you were charged with that you are ... Read more The post What are the benefits of a Petition to Expunge criminal records versus an Order of Non-Disclosure of criminal records? appeared first on Rick Oliver Law Firm.

What are the penalties for reckless driving?

By RickOliver • 28 Apr, 2019
In Texas a conviction for reckless driving can result in a fine of $200 and confinement in county jail for up to 30 days. Reckless driving is a rare hybrid offense in Texas. It’s not really a Class C misdemeanor. It’s not a Class B misdemeanor. Regardless of what you call it, though, the fact ... Read more The post What are the penalties for reckless driving? appeared first on Rick Oliver Law Firm.
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