This video explains what happens after you're arrested for a domestic violence charge in Orange County. It covers what to expect on your first day in court, including court dates and arraignment details. Additionally, the video discusses common situations where a case may not be filed on the date of arraignment and provides explanations for why a domestic violence case may not yet be filed in court.
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00:00Welcome to the law office here, Bruce YouTube channel. In today's video,
00:03we delve into this critical aspect of domestic violence cases,
00:07what it means when no charges is filed at your arraignment.
00:11This situation while seemingly straightforward holds complexities that are
00:15important to understand whether you're directly involved in such case or seeking
00:19knowledge on the subject.
00:21This discussion is intended to shed light on the intricacies and implications
00:25of no charges followed in domestic violence cases.
00:28When facing domestic violence cases and you find that no charges are filed at
00:33your arraignment,
00:34it's easy to assume that your case is dismissed because one,
00:38you went to the courthouse, it's not on calendar, so you must be good to go.
00:42Right? However, this isn't necessarily the case.
00:47The reason for no charges can vary from the agency agency,
00:51not receiving the police report,
00:53the case still being under review or it being sent back for further
00:56investigation.
00:58It's crucial to actively follow up with the prosecutor's office to check the
01:02status of your case.
01:05Failure to do so may result in the case being followed and you not being sent
01:10notice of the following of the case, which results in a miscourt thing.
01:15A miscourt date, at least in an orange County,
01:19superior court will result in an arrest warrant for your case.
01:24Several factors influence the decision to move forward with a domestic violence
01:27case. These include the credibility of the victim,
01:31the sufficiency of evidence to prove the case beyond a reasonable doubt and
01:35consistency and statements from all parties involved.
01:38Any inconsistencies or lack of credible witnesses can halt the progression of
01:43the case. Even if your case isn't followed immediately,
01:46it's important to remember that it can still be followed with this than the
01:50statute of limitations,
01:51which is typically one year for misdemeanors.
01:54If your case isn't followed on the day of court,
01:57proactive followup is essential because you need to avoid the arrest warrants.
02:03This can be done by calling the prosecutor's office every couple of weeks or
02:08seeking legal consultation.
02:10The prosecutor has the discretion to decide whether or not to charge you with a
02:14crime on your arraignment date. Various outcomes are possible.
02:18You might find your case on the calendar or you may discover that it has been
02:22not been followed. If no charges are followed,
02:25it can mean the case is still under review or sent back for further
02:29investigation. In such cases,
02:31it's imperative to at least visit the prosecutor's office to check in on the
02:36case.
02:38Insufficient evidence is often the reason why domestic violence cases are not
02:42followed. If the evidence is weak,
02:44such as a minor physical altercation without visible marks and with a denial
02:49from the accused,
02:49it becomes challenging to prove guilt beyond a reasonable doubt at trial.
02:54Additionally, if the victim is not credible, for instance,
02:57if they have a history of false reports or self inflicted injuries,
03:01it can influence the prosecutor's decision.
03:03Inconsistent statements also play a significant role.
03:06If the victim's account varies or if they choose not to testify,
03:11it can weaken the prosecution's case. Moreover,
03:14a lack of independent witnesses can make it difficult for the prosecution to
03:18move forward.
03:19A well-crafted reject request letter from an experienced defense attorney can
03:24also influence the prosecutor's decision.
03:26This letter can point out the gaps in an investigation and argue for the case to
03:30be sent back for further review. Remember,
03:33if no charges are followed on your initial court date,
03:36it doesn't mean your case is completely dismissed.
03:38The case can still be followed anytime within the statute of limitations.
03:43Regularly checking with the district attorney's office is crucial to stay
03:46updated on the status of your case. In conclusion,
03:50understanding the nuances of no charges followed in a domestic violence cases is
03:54vital. If you're in this situation,
03:57it's important to be proactive and seek legal counsel to navigate the
04:01complexities. Thank you for watching. If you'd like this video,
04:05give me a thumbs up. If you have questions, leave it in the comments below.
04:10If you don't want the world to see your dirty laundry,
04:12you're more than welcome to give us a call or use the make appointment button
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04:20channel. If you have questions or need assistance,
04:23feel free to reach out to our law office. Thank you for watching.