Stamford Protective Order Violation Proceedings
If an individual is arrested for a suspected violation of a protective order in Stamford, they will be held in the Stamford Police Department until they are arraigned in Court. The court arraignment will occur at the Stamford Superior Court located at 123 Hoyt Street, Stamford, CT 06905. The individual will be held in Stamford police custody until they are arraigned on the next business day, unless they are able to post a bond.
If you were arrested on suspicion of violating a protective order, you need legal representation. Stamford protective order violation proceedings can lead to serious consequences, but an attorney could help you build a strong defense.
How Long After an Arrest Can I Contact an Attorney?
In Stamford, you can contact an attorney after you are arrested or charged with a crime. Under Connecticut law, the police department must read Miranda rights to advise you that you do not need to make any statement to the police without an attorney present. Once an individual is taken into police custody, they will be given the opportunity to contact their attorney.
When Does Arraignment Occur for Protective Order Violations?
Anyone arrested in Stamford will be arraigned in the Stamford Superior Court on the very next business day following the arrest. Typically, when a person is arrested, they will remain in Stamford Police custody overnight until they are arraigned in court. If someone is arrested on a Friday afternoon and they are unable to post bond, they will remain in police custody for the weekend until they are arraigned on Monday morning.
What are the Charges and Penalties for Violating a Protective Order in Stamford?
Any violation of a protective order is grounds for a Violation of a Criminal Protective Order charge under Connecticut General Statutes (C.G.S.) 53a-223. In order to secure a conviction for Violation of a Criminal Protective Order, the court must prove: (1) that a protective order was previously put into place by a criminal court; and (2) that prohibited conduct occurred in violation of the order.
The penalties for Violation of a Criminal Protective Order in Connecticut is either a class D or class C felony, depending on the nature of the violation. Most violations of criminal protective orders are class D felonies, unless the violation of the protective order involves imposing a restraint on a protected party.
Cash Bonds and PTAs
The most common bond options given during suspected Violation of a Criminal Protective Order arraignment are either a Promise to Appear in court (or a “PTA”), or a cash bond. Typically, because a Violation of a Criminal Protective Order follows a pre-existing court case, a Judge will seek to put a cash bond on a defendant who is suspected of a violation.
Many rights can be limited at an arraignment for a Stamford suspected Violation of a Criminal Protective Order. First, a Judge has the option to raise a defendant’s bond, which would require a defendant to post an amount of cash before being released from court custody – the amount is specified by the Court. Second, a Judge can issue conditions of release on a defendant. If conditions of release are issued, a defendant must abide by those conditions, regardless of whether or not they limit a defendant’s rights.
How Can a Stamford Protective Order Attorney Help?
There are many factors a top Stamford protective order attorney can present to the Court to mitigate a defendant’s bond. First, an attorney can present evidence that a violation did not occur, or that a violation was not of a serious or threatening nature to the alleged victim. Other mitigating factors that can be presented to the Court are a defendant’s clean criminal record, a record of the defendant attending each court appearance, a defendant’s strong roots in the community (including family, house, or employment), and the defendant’s character.
For legal advice and support throughout your Stamford protective order violation proceedings, call Mark Sherman Law today.