criminal defense domestic violence

A first appearance in court following a Miami domestic violence arrest can be nerve-wracking. It’s important to keep a cool head and educate yourself on what to expect – and what will be expected of you.

While many of the procedural aspects of a first appearance on a Florida domestic violence charge are similar to what one would expect in any other criminal matter of a similar severity, there are a few differences about which you’ll want to be aware.

Our Miami domestic violence defense lawyers will start though by outlining the purpose and basics of any first appearance in a Florida criminal court.

Purpose & Expectations of First Appearance

The main point of a first appearance – in Florida and most other states – is to:

Formally serve the defendant with the charges they are facing.
Inform the defendant of their right to an attorney. If you’re financially unable to afford a lawyer, the court can appoint one to you. (This only applies in cases where you’re potentially facing jail time – which is most domestic violence charges.)
Inform the defendant that they are not required to say anything, and that anything they do say can be used against them.
Inform the defendant of their right to communicate with counsel, friends, or family, and if needed, provide the reasonable means to do so.
Inform those facing felony charges of their right to a preliminary hearing.
Sets the defendant’s bond (if applicable) and pretrial release conditions.

Typically, it’s over in a space of about 15 minutes. It can go faster if the judge has determined prior to the first appearance whether the defendant can afford a lawyer and if not, whether one should be appointed by the court. Continue reading

Florida domestic violence criminal defense requires an attorney with extensive experience and a history of success in these cases. This is especially true considering there are increasingly serious consequences to domestic violence arrest and conviction, even outside of the criminal justice system. The professional damage, for instance, can be substantial.

Recently, a report on the NFL’s evolving response to players’ alleged domestic violence made national headlines, though there isn’t great consistency. In one instance, a Minnesota Vikings cornerback accused of felony assault against his girlfriend hasn’t lost his job. He’s been kept on the roster after being selected in the first round of the NFL draft last year. By contrast, an undrafted offensive tackle from Seattle charged with felony assault was cut from the team the same day. This is despite the fact that he hasn’t even been convicted.

The football league’s approach to domestic violence cases has shifted since the Ray Rice elevator video involving his then-fiancée went viral in 2014. The number of second chances extended to players arrested for domestic violence has been significantly curbed. Prior to that incident, USA Today reported 85 percent of NFL players arrested or convicted in domestic violence cases got second chances from the league. Since the Rice video, that’s been reduced to about half – regardless of whether those individuals were later convicted or cleared. Continue reading

Articles Tagged with criminal defense domestic violence

Arrested for Miami Domestic Violence? What to Expect at Your First Appearance.

Purpose & Expectations of First Appearance

Consequences of Florida Domestic Violence Arrests, Convictions