California has a Pro-Arrest Policy for PC 273.5 Charges
Bail For Domestic Violence 510-760-9409
PC 273.5 – Domestic Violence
DV arrest in Fremont
510 Bail Bond is constantly reviewing our underwriting policy as it regards to old and new laws. As more laws are added to the books the more likely you will need our services. The domestic violence laws in California is a good example of 510 Bail Bond policy of easy underwriting and approval when charged for domestic violence PC 273.5. We know that most cases were blown out of proportion by the arresting agency and you simply want your loved one out of jail. Simply stated, give us a call and we will bail your loved one from jail.
In a report titled, “California response to domestic violence:” Dated June 2003 from the California Senate office of research.
"To encourage law enforcement to take more decisive action when responding to a domestic-violence call, Senator Hilda Solis authored SB 591 (1995) and SB 1944. (2000). SB 591 requires law-enforcement agencies to carry out policies that encourage arrest in domestic-violence cases." The law discourages the arrest of both parties, instead encouraging officers to make reasonable efforts to determine the primary aggressor. Because of concerns about law enforcement arresting both abuser and victim or having trouble sorting out who was the primary aggressor, Senator Solis authored SB 1944 in 2000 to change the term “primary aggressor” to “dominant aggressor.”
First off as a strong supporter of freedom I am generally against any new laws from the stand point, more laws = less freedom, more chance of you being arrested. At some point we will not have any freedom and will be subject to arrest at the governments will as more laws are put on the books. Having stated the above lets take a look at what this new law has done. Again from the same above mentioned report.
"The most recent research on the effectiveness of pro-arrest (the policy that California has) and mandatory-arrest policies “found good evidence of a consistent and direct, though modest, deterrent effect of arrest on aggression by males against their female intimate partners. Between 1990 and 2000 under Section 273.5 -- the percentage of arrests of females more than doubled.
Still, more than 80 percent of arrested suspects were male."
I don't know how this report can claim that the domestic-violence laws had a deterrent effect of arrest when more arrest have been made. As far as a deterrent, no law has been a deterrent against crime. Crime will happen at a steady rate, laws are in place to punish those who break the laws. As more laws are put on the books, more people will be subject to arrest.
Now I don't know if this bill righted a wrong against men with regards to domestic violence but I can assure you that was not the intent of the bill. More woman have been arrested for domestic violence and the bail for a domestic violence charge also increased to $50,000.00. Before the domestic violence laws came into play one would of been arrested for an assault or some other lower level crime as far as fees were concerned. The domestic violence laws on the surface seem like good reform but in fact have led to higher arrest rates of women and more fees required of the arrested to pay.
"The bottom-line from this San Diego County study, is that 33 percent of domestic-violence cases resulted in an arrest and 17 percent of cases resulted in a guilty plea or a conviction."
The following is a recent call from a client regarding a domestic-violence arrest of her spouse. The wife was upset with her husband and was waiting out side in their driveway when her husband drove up. The wife started arguing, their voices become louder, neighbors noticed, the husband did not want to deal with this outside so he "pushed" his wife aside to enter the house. It was more of a slow wide swim move of one arm but was described as a push to the police during questioning. If the couple remained silent and did not comment on the charges there might not of been an arrest. The issue was settled inside without violence, about fifteen minutes later the couple was making diner when the police arrived at their door wanting to questioning them regarding the incident. The police received a call from a concerned neighbor regarding a domestic dispute. After investigation the police determined that the husband was the primary aggressor based on the statement that he pushed his wife, he was arrested for domestic-violence under current California law. Bail was set at $15,000.00. This is considered a low bond amount for domestic-violence charges, usually we see bail set at $50,000.00. This was a clear case of an arrest that did not need to happen. Not using their fifth amendment right and the couples lack of mastery of the English language were the main cause of arrest, not the domestic-violence that was charged.
The real story is that 83% of people charged with domestic-violence cases are bonded out at higher bail rates then before, spend time in jail, pay an attorney and have their cases dropped. Not much of reform if you ask me.
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