Court Date for Domestic Assault offender, is release possible?

[akwell]

Hello. I'm from Illinois, and my partner was recently charged with domestic assault. The complaining witness was his sister. She's called the cops numerous times, even for times when nothing actually happened, so I believe that ended up pushing them to charge and detain him. At the moment he's in cook county jail. He was put in last Wednesday 3/25 when he was arrested and his next court date is 4/2. We were told by an office member at the courthouse that he would most likely be released that day, and his mother and I were also under the impression that he would be because there were no actual signs of physical violence on her, because nothing serious actually happened. On top of that, he's never been in any trouble before.

However, his mother spoke to her lawyer friend today about his case and she said that the court date is most likely simply for seeing if his bail can be paid (bail was set at 50,000, with a bond of 5,000) and if not, they'll put him back in until his next trial. I'm not sure what to think about that because no one has shared similar opinions to hers yet. The courthouse worker also said the bail was set unusually high, most likely just to ensure that he remains in jail so that he can learn his lesson and that he should be out Thursday, 4/2. We also thought they would release him because the only problems he's ever had with domestic violence was with her (because they're siblings who fight all the time) and she has already taken an order of protection out against him, thus the problem is already solved.

My question is whether the lawyer was correct that the court date was only to check about the bail, and that we have to wait until his actual trial, or is it possible that he could be released on 4/2.

I'd be so grateful for an answer. Thank you!

 

[single317dad]

- If your partner was arrested, the arrest should have been made only on the facts of the current complaint. What has or has not happened before should be completely irrelevant. While it's possible that an officer can make an error in judgment, the prosecutor has to build the case based on the evidence, and if there's not sufficient evidence to move forward with a trial, there won't be a charge. I would think your partner would be released by now if there wasn't sufficient evidence from this single incident to support going to trial.

- It's quite common to have multiple bond hearings prior to any trial or release. That bail is $50,000 for a domestic case is a bit anomalous; is your partner a flight risk?

- If one can't make the bail set by the court, they can request a hearing after a period of time to request a reduction in bail. The court may or may not grant that request. There will be no release until one of the following happens:

-- the bail is paid
-- the surety bond is paid through a bondsman
-- the court releases the inmate without bond after a hearing

- If none of those happens, he will await trial as a guest of the county. I wouldn't count on a actual trial anytime soon; these things take time. If he doesn't ask for a reduction properly, then it's very unlikely one will be granted.

- The problem is not "solved", at least as far as the State of Illinois is concerned. Crimes that can be proven will be prosecuted, regardless of the status of restraining orders. There's no "it's all good" card attached to a restraining order.

Does the arrested party have an actual lawyer of his own in this case? Has he had an "arraignment" or "initial hearing"?

 

[akwell]

-
Does the arrested party have an actual lawyer of his own in this case? Has he had an "arraignment" or "initial hearing"?

He's not a flight risk. People at the courthouse were estranged by the judge's decision. I honestly don't believe there is enough evidence to prosecute with, as I said there was no actual physical signs of violence. The only evidence he might have is that his sister has made multiple calls to the police in the past. However, his sister did make extreme false claims against him at the court house.

I'm not sure what initially happened since I wasn't at the court house, all I know was he was about to be released but then his sister testified against him. She was summoned to court on his next court date to testify again. She told me she's going to say it was simply a sibling spat.

He does not have an actual lawyer, as much as I wanted him to.

His sister is wondering if there's anything she can possibly do somehow off-handedly influence them to drop the charges? Also, if he was already sent to cook county for domestic assault, is it even possible to drop charges?

 

[TigerD]

He needs an attorney.

A quick run down of what you told us:

she has already taken an order of protection out against him
only problems he's ever had with domestic violence was with her
because they're siblings who fight all the time
She's called the cops numerous times

You are surprised that they are not letting him and the case is moving forward. Why?
He has a history of violence against her. A judge already found enough potential for harm to issue a protective order. Either she had the order before the incident and he violated it - a big no no, or she made enough of a showing to convince a judge to sign the order. If she was interested in helping him, she wouldn't be pushing so hard to condemn him.

He needs a lawyer. Quickly.

TD

 

[akwell]

Yes, that does all makes sense...
However, I correct myself, it wasn't exactly domestic assault because she called at times with false claims, or leaving out facts.
Such as I was told by his mother that in the particular incident he was arrested for, his sister actually came at him and raised her hand. Which is usually the case where she shoves him or hits him first. And from what I've sifted through, I was under the impression she would actually be at fault in the case for assault. I'm not sure these facts were over looked or not brought up because in the past he wasn't around to talk to the police, and the only one who wanted to involve them was his sister, so she'd call when no one was around.

She originally did all this so he could "learn his lesson," as she told me earlier today (I'm unaware of what lesson this is). It is not anything more than a sibling rivalry. She's an over dramatic 18 year old, and that's the main reason she made such harsh false claims to get him arrested. She doesn't seem to understand the full consequences of her actions. She wanted him to serve a little jail time, but not actually have him formally sentenced to jail after this, as she told me today. This was something she did since they were younger with her parents, but I don't feel that is a fact that will hold up in court, especially if she's making false claims of violence.

I have read that getting a lawyer as soon as possible is the best thing to do. His mother has one but doesn't feel it's necessary because the woman from the courthouse told them he'd probably be released. Thank you both for your input. I do hope everything goes well tomorrow, regardless of how it looks at the moment.

 

[single317dad]

I've said this here (and other places) so many times, I feel like I should just leave my soapbox out and save some wear and tear on my back:

Men must, MUST, MUST learn to remove themselves from these situations long before they rise to the level described here. A man who stays in an abusive relationship is going to be arrested eventually.

That's the whole speech.

(I would give similar advice to women. The first time he hits you, you need to leave, before you decide to shoot him.)