Arrest Process

Domestic Violence Crimes: The Arrest Process

It’s difficult to acknowledge this reality when you’ve been accused of a crime, but New York is a “Mandatory Arrest” state. In cases involving Domestic Violence (DV), people who have been accused of the crime must be arrested, and it’s all based on the Domestic Incident Report (DIR) that has been completed by the alleged “victim.” What’s worse, the victim doesn’t even have to sign this report after contacting the police, and then you get picked up by the law enforcement officials and dropped into a jail cell. It all gets resolved after the fact based on one account of what you presumedly did to offend the “victim.” While these procedures are put in place in good faith to protect the victims of domestic violence in New York State, it is also easy for people who are not in any danger and have not been the victims of any crime to use the legal process against unsuspecting people. This happens every day in households where one person accuses another person, whom they presumably care about or love.

The Arrest Process

If we are being technical, the New York law enforcement authorities should all follow the same process when arresting defendants in criminal cases. The courts should also be moving your case along the same timeline, which starts from the time you were brought to jail to the arraignment. There are some differences, however, involving Domestic Violence crimes. These arrests are going to happen based on the victim’s initial complaint. Once you are taken into custody, you need to ask for the services of a New York Domestic Violence attorney ASAP. When you use this right to representation, you don’t answer any questions. As soon as you can get to a phone, you should contact an attorney.

The Domestic Incident Report

The victim must fill out the Domestic Incident Report (DIR), but he or she does not have to formally sign it. This report typically looks like the law enforcement officer summarizing what happened on the date in question. The victim may actually write what happened in his or her own words. Alternatively, the victim may sign what the officer writes in the short summary. There are also cases in which the victim fills out the DIR but no arrest has been made. This occurs when the detective speaks separately to the two parties in the incident. Please anticipate that the victim, also known as the complainant, may seek his or her own attorney. The police and the district attorneys cannot force any victim of domestic violence to cooperate or provide a statement.

Don’t Give Out Statements

It’s important that, if you are ever accused of domestic violence, you do nothing to hurt your case. Don’t give statements to the police or the prosecutors or try to explain what happened in your own words. You need to hire a qualified attorney like the Spodek Law Group who can collect the facts in the case and attend any questioning sessions with you and give you legal advice before you answer any questions. You have the right to not answer questions that would incriminate you. For more information about resolving a Domestic Violence charge, please contact us today!

Write Down What You Remember

Naturally, you should expect a better outcome in any criminal case when you are working on the advice of a licensed New York attorney. That’s the whole point of legal representation. However, there may be a delay between when the incident occurs and when you are arrested. There may also be another delay between your arrest and when you first sit down with your criminal defense lawyer. The police and the prosecutors all have advantages in beginning to assemble their evidence to substantiate this domestic violence charge against you before you even get out of jail. And that’s only if you can find the means to post the bond. Because your bond might be too high for you to meet, you could be looking at talking with your New York domestic violence attorney in a jail cell or in a separate meeting room. While you are detained, you will have to display good behavior and anticipate the trial. You should also share with your attorney any criminal history that could affect these charges. Write down what you remember about the alleged incident because the details will be fuzzy after the arrest. Hire an attorney ASAP!

Key Steps to Protect Your Rights

Understanding New York’s Mandatory Arrest Policy

New York’s “Mandatory Arrest” policy in Domestic Violence cases means that law enforcement must make an arrest based on the Domestic Incident Report, even without the victim’s signature. This policy, while designed to protect genuine victims, can be misused. Understanding the arrest process and your rights is critical to mounting an effective defense.