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    Weston Domestic Violence Pretrial Release

    When you are arrested for an offense that is designated as a family violence crime in Weston, you officially enter the pretrial process. Once you are in police custody, they will determine the conditions of your pretrial release until your arraignment, which occurs either 24 hours or the next business day after your arrest. At your arraignment, the judge, with input from your lawyer and the prosecutor, will determine the conditions of your domestic violence pretrial release going forward.

    How Is Domestic Violence Handled in Connecticut?

    In Connecticut, domestic violence, or family violence, occurs when a family or household member engages in an act(s) that causes physical injury or places another party in fear that violence will occur.

    Under Connecticut General Statutes (C.G.S.) § 46b-38a the category of family or household members includes, regardless of their ages,:

    • Parents;
    • Children;
    • Spouses or former spouses;
    • Persons related by blood or marriage;
    • Persons who are cohabitating or have lived together;
    • Parents with a child together, regardless of whether they ever married or lived together.

    Once the police are called to a potential family violence scene, they assess the situation to determine if an arrest will be made. They typically do not take into consideration whether the alleged victim wants the suspect arrested or not. If two parties are accusing each other, the complaints will be considered separately before deciding who will be arrested or if officers will seek an arrest warrant. If a person is arrested for an offense classified as a domestic violence offense in Weston, they may be eligible for pretrial release.

    If the police decide not to arrest anyone, they will remain on the scene until they are certain the situation has cooled down, as prescribed under C.G.S. § 46b-38b. The officers must file a report whether an arrest is made or not.

    Are There Pretrial Opportunities for Release from Custody?

    If an arrest is made, the police may decide to release the person if bond is set and paid or on a “Promise to Appear.” However, the suspect will have to sign a Conditions of Release form codified in Connecticut law under C.G.S. § 54-63c, P.A. 07-123. Prior to trial, the suspect cannot:

    • Assault, threaten, abuse, harass, stalk, or interfere with the protected person;
    • Go near the protected person’s home;
    • Contact the protected person in any way; and/or
    • Contact the protected person’s workplace or any other person associated with the protected person.

    A domestic violence suspect who fails to abide by the boundaries stated in the release form can be arrested and charged with an additional crime known as Violation of a Protective Order, a D Felony. If the suspect remains in jail after an arrest, another opportunity arises for pretrial release at the arraignment.

    What Happens at the Arraignment?

    If defendants are not released by the police after an arrest, arraignments are held for the Superior Court judge to determine whether there was probable cause for the arrest and to advise a defendant of their constitutional rights, the charges against them, and the conditions for pretrial release. The defendant’s attorney, the Office of Bail, and an Assistant State’s Attorney weigh in concerning pretrial release conditions. The judge also studies the arrest report and other relevant charging documents.

    Reach Out to Secure Your Weston Domestic Violence Pretrial Release

    If you become embroiled in a family violence situation, you face a litany of challenges. A domestic violence defense attorney can help you get your life back. The first step to relief from this ordeal is the pretrial release provision in Connecticut.

    If you do not post bail after an arrest, you may be afforded pretrial release at your arraignment. To counter the prosecutor, your defense attorney will advocate for fair conditions you must follow when the judge grants pretrial release for a domestic violence offense in Weston. To protect your freedom, contact the dedicated team at Mark Sherman Law today, and click here to see what previous clients have to say about working with us.