Police officers can have options when they arrest you. In some cases, a police officer may make custodial arrest. However, if you are arrested for a domestic violence charge, you will likely receive a summons. You can learn about both of these options on this page.
If the police suspect that you have committed a serious crime, they will arrest you and place you in jail. This is called a “Custodial Arrest.” You will be handcuffed and transported to the police station. They will “book” you (obtain your information, mugshot, and fingerprints), and they might try to question you about the suspected crime.
After a custodial arrest, the police will hold you in jail until you can post bail, or if you can’t post bail, you will be transported to court for your arraignment (first court appearance).
If you are released on bail, the police will give you a court date. In a domestic violence case, the court date will be the day following your arrest, and an automatic protective order will be put in place even if you are released. This means that you cannot have any contact with the complainant, and you cannot return to your home (if you share your home with the complainant).
If you are not released on bail, the police will hold you in jail until the next date the courts are open. The police will transport you to court for your arraignment. The judge will review your bail, and he or she will enter a protective order for the case.
The typical domestic violence case involves custodial arrest. The police have to separate the people involved in the argument, and Connecticut law requires protective orders that prohibit contact between the parties until modified by a court.
A custodial arrest is a very serious legal matter. If you are subjected to a custodial arrest, you have legal rights, and should speak with a lawyer about legal representation immediately.
Domestic Violence Summons
The police do not have to take everyone that is arrested to jail. When the police arrest someone for lesser misdemeanors – typically motor vehicle crimes like reckless driving or evading responsibility – the police can arrest you by summons. This means the police officer will arrest you, but instead of handcuffing you and bringing you to jail, the police officer will hand you an official paper with your criminal charges and court date listed.
You are ordered to appear in court on the date listed on your summons. If you fail to appear, then you will be ordered re-arrested by the judge, you will be charged with an additional criminal charge of failure to appear, and you will be subject to a custodial arrest.
A summons is very different, and far more serious, than an infraction ticket. Those tickets are issued by police for offenses that are not crimes (like speeding or having a broken light on your car) and can be paid without appearing in court. A summons is an arrest for a criminal charge. If you are arrested by summons, you should immediately speak with a lawyer about legal representation.
If you face a domestic violence summons, your situation may be serious. It is a good idea to contact a domestic violence attorney to assist you with this process and help protect your rights. For more information, you can contact my office at 203-925-9200.