A heated exchange with a family member or romantic partner escalates, then spirals out of control. The next thing you know, you’re handcuffed and facing domestic violence charges.
What you do in the first 24 hours after your arrest can have a profound effect on your case and your future. Knowing what to do (and what not to do) now is essential. Here’s a guide:
Stay calm, and do not resist
Losing your cool will not help the situation, and it could just compound the evidence against you. Even if the arrest seems wildly unfair, do not argue with the officers or resist arrest. Comply with their instructions to avoid complications, including additional charges.
Exercise your right to remain silent
You cannot talk yourself out of an arrest. Once the authorities have you in their sights, the legal process has to play out. Trying to explain what happened won’t get you out of the cuffs, but it can create significant problems for your defense in the future.
Vocalize your intent to exercise your right against self-incrimination and ask for an attorney. Do not answer any further questions about the events that led to the situation until you have spoken with your legal counsel.
Keep in mind that you want to continue to preserve your right to remain silent even after you are released from jail while the case is pending. Do not post on social media about your situation or get your side of the story “out there” until your case is resolved.
Do not contact the alleged victim
When a protective order is in place or you are otherwise ordered to stay away from the alleged victim – obey those instructions to the letter. Do not not contact the victim either directly or indirectly in hopes that you can clear up any misunderstandings or reconcile. That is a violation of the law and can result in additional charges that can stick even if the underlying charge is dismissed.
In general, it is important to recognize the following:
- The alleged victim of domestic violence does not control whether the case is prosecuted. Once the police were called, the private dispute became a public concern, and it is entirely up to the state to decide whether or not charges are warranted. Even if the victim recants, the prosecutor may proceed with the case using other evidence.
- Asking the victim to recant can be interpreted as witness intimidation and the obstruction of justice. Those are serious crimes that can have consequences far beyond a domestic violence conviction.
It is also critical to remember that jail calls are recorded. More than one person has believed to their detriment that their case was “too small” for anybody to go to the trouble of listening to their calls, and that’s a serious mistake.
It is normal to be scared in this situation. Domestic violence charges carry significant penalties, and your reputation and future are on the line. Remain calm, exercise your rights, obey all lawful orders and talk to a skilled defense attorney as soon as possible.
