If you’re accused of domestic violence in San Mateo County, CA, the police may be dispatched to investigate. If so, they’ll prepare an incident report. If the law enforcement officer has probable cause to believe you abused the alleged victim, they may arrest you.
Even if you aren’t arrested, a detective may further investigate the case, and the prosecutor may choose to charge you with domestic violence.
If you are arrested, you’ll be taken to jail. You could be released on bail within a few hours. If you don’t pay the bail, a judge will decide whether to release you at the first hearing (called the arraignment). The arraignment generally occurs within two to three days after your arrest. If the police didn’t take you into custody and you were charged with DV, the arraignment might not occur for several weeks.
At the arraignment, the judge will notify you of the charges against you, advise you of your rights, and ask for your plea (guilty, not guilty, or no contest). If you plead guilty, the judge can sentence you immediately. If you plead not guilty, the court will set a date for a pretrial conference (if you’re charged with a misdemeanor) or a preliminary hearing (if you’re charged with a felony).
Most domestic violence cases don’t go to trial. Instead, the prosecution and defendant typically enter a plea agreement, or the charges are dismissed. The criminal court process can be complicated, so it’s best to have an experienced criminal defense lawyer advocating for your rights.