Before the police initiate an arrest, they must have probable cause that a respondent has violated the protective order. Probable cause can be challenged in court by contesting the evidence that the prosecution presents. It could be that the body camera evidence undermines the police officer’s claims of probable cause. It may be argued to the court that the facts do not rise to the level of probable cause. Attorneys also challenge whether the allegations rise to the level of beyond a reasonable doubt to a higher standard.
If the police were to arrive on the scene and find the respondent on the premises in which the respondent has been restrained, the police could arrest them at that moment. The police still take them to the magistrate and the magistrate would have to issue a warrant before they could be arrested.
Read below to learn more about protective order violation arrests in Mecklenburg County. And if you face charges, consult with a dedicated lawyer who is knowledgeable about violations of protective orders.
The protective order is going to specify what contact is allowed. Contact that is outside of the specific parameters will constitute a breach, though whether that is true must be determined by a judge after the presentation of the evidence. For instance, if the order allowed peaceful, lawful contact, then the question of whether or not a heated argument rose beyond the description of peaceful and lawful contact would have to be contested in court.
If a person is arrested on suspected violations of a Mecklenburg County protective order, then they should contact an accomplished defense attorney as soon as possible. It is crucial that they do not speak to law enforcement even if they read them their rights because anything that they say will be used against them in the prosecution of the violation of the protective order.
An arrested person should be able to call their lawyer right away. In some circumstances, they can contact an attorney at the scene of the arrest before officers have formally arrested them. They also have the ability to contact a family member and they can ask the family member to get in touch with the attorney as well.
An arraignment is a person’s first appearance in court following an arrest. The arraignment will usually occur within 72 hours of the arrest. The right to discuss the case can be limited at the arraignment. Usually, the court will only ask them whether they want a court-appointed attorney. In rare circumstances, the court might discuss bond opportunities at the arraignment.
In Mecklenburg County, the bond options available to an arrested person are going to depend entirely on the facts of the suspected protection order violation. The individual could get an unsecured bond, a secured bond, or they could be held without bond. If someone is suspected of violating a protective order by breaking into a residence with a weapon, they are unlikely to get a bond. If they are suspected of violating a protective order for liking a social media post, then they are more likely to get a bond.
The specific information that the defendant provides their attorney is going to be crucial to the lawyer being able to make use of mitigating evidence to help secure a bond. This includes what the defendant does for employment, how much money they have to be able to afford to post toward bond, what the family circumstances are, where the defendant will be living, who else will be living with the defendant, and other specific factors to that individual.
If you have been arrested, call a lawyer who is experienced helping individuals following protective order violation arrests in Mecklenburg County. Let a skilled attorney advocate for you and help you reach a favorable resolution to your case.
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