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  1. #1
    Join Date
    Mar 2006
    Location
    miramar,florida
    Posts
    9

    Default What Happens During an Arraignment for Domestic Violence

    my boyfriend and i got into and argument and my sister called the cops and i went to jail because i told the cops i hit him first. now they let me out on the pretrial release program. i have an arraignment in april. i already have a lawyer. my boyfriend told the cops he didnt want to press any charges but the state is doing it because we have a child together. what do you think will usually happen in this case cause my boyfriend said he was not going to appear in court cause he didnt want me to go to jail in the first place...please help me with some advise. i dont want to go back to jail![/b]

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,538

    Default

    If the boyfriend fails to show in response to a subpoena, he can face arrest. Also, the state may be able to go forward without him. In fact, since 75%+ of all DV victims recant or refuse to cooperate almost immediately after the incident, the state is generally expecting to move forward without the victim's assistance.

    At the arraignment you should be asked to plead guilty or not guilty, then the next hearing date will be set.


    Florida has the following process at arraignment:

    Arraignment

    Once criminal charges are filed, you'll make a court appearance which is known as an "arraignment." If you are incarcerated, this will usually occur within 72 hours of your arrest.

    During your arraignment, you'll be asked to enter a "plea" to the crime you've been charged with. Florida pleas and corresponding definitions follow:

    Guilty plea: If you plead "guilty," you're admitting to the facts of the crime and the fact that you were the one who committed that crime.

    Not guilty plea: A "not guilty" plea asserts that you did not commit the crime with which you were accused. After your plea, a pre-trial or trial date will be set.

    No contest plea: A "no contest" plea indicates that, while you are not admitting guilt, you do not dispute the charge. This is preferable to a guilty plea because guilty pleas can be used against you in later civil lawsuits.

    "Mute" plea: In Florida, you may "stand mute" instead of making a plea. The court will then enter a plea of not guilty. By standing mute, you avoid silently admitting to the correctness of the proceedings against you until that point. You are then free to attack all previous proceedings that may have been irregular.
    If you plead "guilty" or "no contest," there will not be a trial. You'll then be sentenced.


    During the arraignment, the court will also:

    Set bail
    Refuse to set bail; or
    Release you on your own personal recognizance, which means that the court takes your word that you will appear when necessary for later court obligations


    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    Mar 2006
    Location
    miramar,florida
    Posts
    9

    Default what can happen in an arraigment?

    WELL IM RESPONDING BACK TO YOU ABOUT MY SITUATION. I JUST RECIEVED MY POLICE REPORT AND THEY TWISTED EVERYTHING AROUND, FROM WHAT MY SISTER(WITNESS)SAID AND FROM WHAT MY BOYFRIEND HAD TOLD THEM AND THEY DIDNT EVEN PUT DOWN EXACTLY WHAT I TOLD THEM. WHAT IS GOING TO HAPPEN NOW, BECAUSE THEY MADE IT SEEM LIKE I TOTTALLY BEAT HIM UP WHICH THAT WASNT THE CASE, AND THEY DIDNT EVEN PUT DOWN THAT HE HAD CHOKED ME, I KNOW THE PROSECUTORS ARE GOING TO MAKE A BIG DEAL ABOUT THIS NOW...DO YOU THINK I CAN JUST GET OFF WITH ANGER MANAGEMENT CLASSES AND PROBATION OR DO YOU THINK THEY ARE GOING TO SEND ME TO JAIL FOR THIS??? PLEASE HELP WITH SOME INPUT. THANK YOU

  4. #4
    Join Date
    Mar 2006
    Location
    miramar,florida
    Posts
    9

    Default WHAQT CAN HAPPEN DURING AN ARRIGNMENT?

    ALSO, BEFORE I HAD GOTTEN ARRESTED I SMOKED MARIJUANA ON VARIOUS OCCASIONS, BUT AFTER I GOT ARRESTED I HAVENT DONE ANYTHING, I AM NOW HAVEN TO DO A DRUG TEST EVERY WEEK, HOW WILL THAT AFFECT ME EVEN THO I HAVENT DONE ANYTHING AFTER I GOT ARRESTED???????

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