Domestic Violence Release Conditions
When a court in Florida sets the conditions of release at the initial appearance hearing these conditions of release will exist until the case is over not just until the next court date which is usually the arraignment hearing. Many people arrested for a domestic violence charge or charges believe that they can get the no contact with the victim and no return to the residence of the victim conditions of release modified at the arraignment hearing.
The judge for the arraignment hearing is not going to stop in the middle of the arraignments and discuss with the arrested person why the conditions of release in the case should be modified. The case is not the only case set for an arraignment hearing on that date so the judge normally has many cases to do arraignments for and does have time to stop and deal with release condition modifications in a particular case. Also, the victim is normally not present at the arraignment hearing for the judge to take testimony to determine what conditions of release the victim feels are necessary for their protection.
Judges do not discuss release conditions at arraignment hearings and if a defendant tries to do that the judge will instruct the defendant that the arraignment hearing is not the correct hearing to discuss a modification of release conditions. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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