What Happens at a First Appearance in Domestic Assault Cases
If you are facing serious domestic assault charges here in Minnesota, you already understand that they can be some of the hardest, most emotional and most catastrophic of all criminal cases. The reasons are pretty obvious. They don’t just impact a piece of your life, they cross all boundaries, impact all areas and can tear at the very heart of who you are. The impact of a conviction can be extraordinarily severe. As we have written about this extensively, this article will narrowly focus on what frequently happens at the very first appearance. That being said, if you are facing serious domestic assault charges in Minnesota, it is truly critical that you sit down with the most experienced and capable Minnesota domestic assault defense attorney possible.
If you are facing a first appearance in a domestic assault case in Minnesota and are in custody, there are three things that you are likely going to face. These include addressing conditions of release, knowing what you are being charged with and possible no contact orders. Let’s go through them one by one.
Conditions of Release
If you are held in custody, the Court must determine conditions of release in a timely manner. The options are bail, conditions of release or a combination of the two. Cash bail is always an option in Minnesota. That being said, when determining conditions of release, the Court will focus in on two areas:
Threat to society - The Court will look at the allegations, the possible threat to the complaining witness and threat to society. They Court will also look at any prior record. That being said, the worse the allegations, the more serious the charges, the more likely that the Court will set a bail amount or a higher bail amount or increase the number of conditions the help insure public safety. In cases of violence and the Court absolutely looks at Domestics as crimes of violence, the Court will take the allegations seriously.
Likelihood to Reappear for Court - The Court will look at your connection to the community, where you live, where you were born, whether you have a job, family, a home, and a whole slew of other connections that will convince the Court that “you won’t run.” Again, even with a long list of connections, with serious Domestic charges, a Court will almost certainly at the minimum require conditions or release or more likely a higher bail amount.
Understanding the Charges
Another requirement that is usually addressed at the first appearance in Minnesota for domestic assault cases is making sure that you understand what you are being charged with. These charges may include:
Domestic Assault;
Interference with a 911 call;
Violation of a No Contact Order;
Violation of an Order for Protection ;
Stalking and more.
While this may sound like it is a time to argue your case and explain why it didn’t happen the way the police or the complaining witness claims that it did. That isn’t the case. The prosecutor and the Judge rarely want to hear anything about that at this point. What this is about is explaining what you are being charged with and the ramifications of those charges. That being said, a good domestic assault defense attorney may be able to thread this need. For instance, the Court will likely explain that you are facing:
A Misdemeanor, Gross Misdemeanor of Felony Charges;
Up to 90 days in jail, up to 1 year in jail or more than a year in prison;
Up to a $1000 fine, up to a $3000 fine or a fine of up to $5000 or more.
No Contact Orders
In Domestic Assault cases, the Court regularly orders a No Contact Order at the first appearance. What this means is that you will not be able to have any contact with the complaining witness until the No Contact Order is lifted. This may also apply to children if they were in the home at the time. This is true even if the house in which the two of you live is paid for by you. You will be required to live somewhere else until the Court decides to lift that order. This could possibly go on throughout the pendency of the criminal case. As you might imagine, this is one of the most difficult requirements of Domestic Assault cases. It should also be noted that you can’t “pay bail” as an alternative to this requirement.
As you can see, the requirements frequently cross all boundaries and can impact all corners of your life. Therefore, making sure that you have an experienced Minnesota criminal defense attorney and Board Certified Criminal Law Specialist by your side case make a huge amount of difference. Jack has made thousands of 1st appearances in his career and knows how to address and impact bail amounts, conditions of release and also whether or not it is even appropriate to issue a No Contact Order in the first place.
Go with the Best
Jack Rice is a former prosecutor, a former CIA Officer and a Board Certified Criminal Law Specialist. He has been handling Domestic Assault cases in St. Paul, Minneapolis, Stillwater, Anoka, Hastings, and across Minnesota decades for more than 20 years. He is also the Founder of Jack Rice Defense, a boutique criminal defense form that handles Domestic Assault cases. Contact Jack Rice Defense for a free confidential consultations or call 651-447-7650 or 612-227-1339.