Darien Assault Case Process
Courts take assault cases, even misdemeanor cases, seriously. Their fear always is whether there is going to be a repeat incident. Therefore, courts usually treat these cases cautiously, and a defense attorney will work to assure the court there will not be a repeat incident to improve the outcome of the case for their client, but every case will differ in Darien courts.
If you are facing charges, you will best understand the case process for assault in Darien by contacting a skilled assault attorney who can assist you through the court process and help you protect your record and avoid jail time.
Steps After an Accusation
The accused will likely be taken to the police station and be booked and processed. They might have a bond put on them that they would have to pay in order to be released, and if the person is unable to post the bond, they would be taken to Stanford Superior Court on the next business day for an arraignment.
The accused might be issued a summons instead of being taken to the police station, booked, and processed. In that case involving an assault arrest relating to domestic violence, the accused would still have to actually appear in court the very next business day for an arraignment even if they are not held in custody.
The first step after an accusation is to contact an attorney who can lead them through the assault case process in Darien. The second thing is to ensure that their attorney files a motion to preserve any evidence that might be important. In these cases, if there is any surveillance footage, dashboard cams, or medical records available, they should all be preserved immediately. Third, the accused should follow any protective orders or conditions of release put in place. Often after the arrest, the police will issue conditions of release that establish some rules for dealing with the person who made the complaint, such as not to contact them or see them. There are a variety of orders, but whatever the order is, it needs to be followed. When the order is put in place, the person arrested must make sure to follow all the rules so they do not make the case more complicated.
The complainant will usually either make a report at the Darien Police Station or call the Darien police. An officer will typically speak with the complainant and the person who the complaint was made about separately. The police officer will try to find out what actually happened, to reconcile any conflicting stories.
Officers usually arrest one or both people if they think that they both could cause harm to each other. Darien police are becoming increasingly cautious with these types of investigations, especially when it relates to domestic violence. When the police are called, it is likely that they will arrest at least one person.
They normally collect the complainant’s statement and any witness statement, especially from neighbors. Attorneys also see some cases where the neighbors hear a fight next door and call the police. The prosecution will also collect any medical records available.
Aggravating factors include the accused having been arrested in the past, or having any criminal record, especially for assault. This is a considerable aggravating factor because the prosecutor will be more likely to suspect there will be a repeat offense.
Mitigating factors could be evidence that no one was really injured and that the fight was not as serious as the person calling the police indicated. Lack of an injury can be a mitigating factor.
Working with an Attorney
Especially if the case is related to domestic violence, protective orders are typically put in place that will prohibit a person from contacting their significant other from returning to that individual’s residence. The situation becomes complicated quickly with interactions with the family relations officer, the prosecutor, and the judge. The case process in Darien for an assault charge can be overwhelming without an attorney.
Usually, if the person is being held in prison, they will have an opportunity to contact an attorney that night or that day. If the person is bonding out or was only issued a summons, they will have an opportunity to contact an attorney before they go to court for the first time, and they should take that opportunity.