Legal Rights of the Accused in Domestic Violence Cases

You are at home, spending time with your family when suddenly, the cops knock at your door and arrest you based on a domestic violence complaint. You are scared, confused, and uncertain about what happens next, and in this moment of crisis, you need to understand your legal rights and the protection you deserve from the criminal justice system. Domestic violence accusations can have severe consequences, and if you want to reduce the impact of incarceration, Wake County bail bond can be an excellent way. 

The Right to Bail

So, bail is a fundamental right in many legal systems, and it allows the accused to be released from custody while awaiting trial. The prime goal of bail is to ensure the accused appears in court while also having their freedom until proven guilty. In domestic violence cases, bail conditions can be stringent, and they reflect the gravity of the charges and the need to protect the victim, which is why securing bail is no cakewalk. However, once you are granted bail, there’s no need to stay behind bars just because you cannot afford the bail amount. Instead, you can opt for bail bond services and secure your freedom.

Factors Influencing Bail Decisions

Judges consider several factors when they decide whether to grant bail in domestic violence cases. These factors are listed as follows:

• Severity of the Offense: More severe charges, such as assault with a deadly weapon, may lead to higher bail amounts or denial of bail.
• Criminal History: A history of previous offenses, particularly related to domestic violence, can impact the bail decision.
• Risk of Flight: The likelihood of the accused fleeing to avoid trial is a significant factor.
• Threat to the Victim: Ensuring the safety of the victim is paramount; if the accused poses a threat, bail may be denied or accompanied by strict conditions, such as restraining orders.

Conditions of Bail

In domestic violence cases, there are certain T&Cs that the defendant has to follow. When bail is granted, it often comes with conditions designed to protect the victim and ensure the accused’s compliance. Common conditions include:

• No Contact Orders: Prohibiting any form of contact with the victim.
• Geographic Restrictions: Banning the accused from specific locations, such as the victim’s home or workplace.
• Regular Check-ins: Requiring the accused to check in with a bail officer regularly. 

Conclusion

Domestic violence is a serious offense with significant legal and social implications. If you want to get out of jail on pre-trial release but don’t know how to post bail with financial constraints, feel free to reach out to a bail bond agent in Raleigh, NC. They can help you post bail with just a 5% premium on the overall bail amount, and the best part is you get a comprehensive overview of your rights, highlighting the critical stages from arrest to trial. Still looking for a Wake County bail bondman? Contact the team at Absolute Bail Bonds, Inc. today!