NEW YORK, NY, January 24, 2014 /24-7PressRelease/ -- Today you can be arrested in New York for domestic violence quite easily. Years ago, if a domestic couple were having an argument and possibly one partner pushed another, the police may have been called by one partner to calm the situation. The Police may have come and evaluated the situation and decided no harm, no foul, and spoken to the couple and would leave without an arrest for domestic violence.---
However, it is a totally different ball game today. Time after time, I have a domestic violence case where they may have been no more than a loud verbal argument, and possibly a slight push or shove. When the police arrive, even if the alleged victim says she or he does not want the domestic partner arrested, it is almost certain an arrest will take place. It would seem it is, at least NYC Police Department policy, to make an arrest on any domestic violence call if there is the slightest indication of a dispute. The rationale, I would imagine, is that the officers involved on the call do not know what will happen after they leave.
There have been incidents in the past where the police did leave after a domestic violencee call and the situation spiraled out of control, which led to one of the domestic partners being severely injured, or even worse, murdered. So I would imagine that is the rationale behind this policy " arrest now and tell it to the Judge latter". This policy can also avoid civil liability against the City of New York for a claim of negligence for the Police to perform their duty.
It is important to note that along with this hard line policy of making an arrest on any domestic violence call, that the Police have no discretion to issue an desk appearance ticket for the arrest. A desk appearance ticket is a way the Police can avoid putting the person arrested through the process of an arraignment in front of a criminal court judge, whereby the person arrested usually spends at least 12 to 24 hours in police custody before appearing before a Judge who will decide whether to release the person arrested on his or her own recognizance, that is without bail.
With a desk appearance ticket (DAT), as long as the person arrested has valid identification, no warrants, and no past violent criminal convictions, the Police can issue the arrested person a DAT to appear for the arraignment before a NYC criminal court judge at a later date, thereby releasing the arrested person within a few hours after the arrest. This can not happen after an arrest for domestic violence, as it can happen for certain misdemeanor arrests, such as for small personal use marijuana possession, shoplifting, and non-domestic violence assault cases with minor injuries.
I am domestic violence attorney Luke Scardigno practicing criminal defense in Queens, Brooklyn, Manhattan, Bronx and Nassau Counties in NEW YORK, since 1987. If you have any criminal or domestic violence case you would like to discuss, you can contact me at 718 414-6186 for a free consultation.
At the Law Office of Luke Scardigno, I have always focused exclusively on criminal defense in New York. For more than 20 years, I have given my clients the kind of representation they deserve at reasonable prices with flexible payment plans. For more than two decades, I have provided zealous representation for my clients against many misdemeanor and felony charges, including domestic violence, drug crimes such as marijuana sale and possession, and drunk driving. Call 718-261-5151.
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