Federal funding for arrests for DV

[dmcc10880]

Since CA is not one of the states with mandatory arrests, they don't necessarily go anywhere. You were wrong.

So, where does one go if arrested?

See CA Penal Code Section 836.

Also see PC Section 13700 and 13701.

Might also want to check out this link:

California Domestic Violence Law - The Criminal Courts System - After the Arrest

Educate thy self.

 

[CdwJava]

None of those sections mandate an arrest for DV unless (as I have previously stated) it involves a violation of a DV restraining order.

When a person is arrested for a felony (PC 273.5) they would have to go to jail until they make bail or are released by a court after arraignment. When arrested for a misdemeanor (usually PC 243(e)) they can go to jail to be released O/R, or held until they make bail or a court appearance and release, or released at the scene (or elsewhere) on a signed promise to appear.

 

[single317dad]

None of those sections mandate an arrest for DV unless (as I have previously stated) it involves a violation of a DV restraining order.

When a person is arrested for a felony (PC 273.5) they would have to go to jail until they make bail or are released by a court after arraignment. When arrested for a misdemeanor (usually PC 243(e)) they can go to jail to be released O/R, or held until they make bail or a court appearance and release, or released at the scene (or elsewhere) on a signed promise to appear.

Cdw, not to presume anything (just asking here), would an officer release a suspect with a PTA if they were responding to a 911 call? It seems counterintuitive that an officer would find probable cause to issue such a document but then leave the combatant(s) free to roam.

Although, to argue against myself a little, in my years working in bars I did see more than once the police show up, investigate a barfight, and leave both semi-drunk combatants to further imbibe. Never made much sense to me then, either, other than the bar not wanting an extensive arrest history tied to their address.

 

[CdwJava]

Cdw, not to presume anything (just asking here), would an officer release a suspect with a PTA if they were responding to a 911 call?

The method of the call is not as relevant as the details. The key factor will be what is said by the involved parties and any witnesses, and what the officers observe.

It seems counterintuitive that an officer would find probable cause to issue such a document but then leave the combatant(s) free to roam.

Most agency policies encourage a custodial arrest rather than a cite and release for 243(e). However, it is a possibility. When the state was not paying booking subventions (which was the direction it was headed July 1st ... looks like they are paying some of them right now) then many agencies were looking at cite-and-release policies for many 243(e) cases after transporting from the scene.

It is not usually a good idea to leave the offender on scene as it generally results in a continuation or even escalation of the conflict.

Although, to argue against myself a little, in my years working in bars I did see more than once the police show up, investigate a barfight, and leave both semi-drunk combatants to further imbibe. Never made much sense to me then, either, other than the bar not wanting an extensive arrest history tied to their address.

Bar fights are a pain. Usually no one wants to step and say what happened, or the statements are contradictory and without truly neutral witnesses to determine the main aggressor. And since those fights are misdemeanors not committed in the officer's presence, no private person's arrest means no arrest at all. A public intoxication arrest is a possibility, as is a fighting in public arrest, but these are often a long way to go for nothing. Unless made to prevent further violence, it is not uncommon for the cops to let those on the marginal side of inebriation go.

As one complaint request rejection had written by the DA some years back: "No charges; Drunks doing what drunks do."

 

[dmcc10880]

None of those sections mandate an arrest for DV unless (as I have previously stated) it involves a violation of a DV restraining order.

When a person is arrested for a felony (PC 273.5) they would have to go to jail until they make bail or are released by a court after arraignment. When arrested for a misdemeanor (usually PC 243(e)) they can go to jail to be released O/R, or held until they make bail or a court appearance and release, or released at the scene (or elsewhere) on a signed promise to appear.

Sorry Carl... Section 836...

" (b) Any time a peace officer is called out on a domestic violence
call, it shall be mandatory that the officer make a good faith effort
to inform the victim of his or her right to make a citizen's arrest.
This information shall include advising the victim how to safely
execute the arrest."

Ya might want to do some reading when sucking down that double mocha and croissant.

You are correct on the last sentence... although that was already mentioned. You might let mistofolees know that if arrested you don't go to the Four Seasons.

 

[CdwJava]

Sorry Carl... Section 836...

" (b) Any time a peace officer is called out on a domestic violence
call, it shall be mandatory that the officer make a good faith effort
to inform the victim of his or her right to make a citizen's arrest.
This information shall include advising the victim how to safely
execute the arrest."

Ya might want to do some reading when sucking down that double mocha and croissant.

Oh, for Pete's sake ... WHERE does it say that an arrest MUST occur? Where? I'll tell you: Nowhere. That is because no such wording exists.

The officer shall make a good faith effort to inform the victim of HER right to make a citizen's arrest, not that he will tell the victim that she (the victim) MUST do so or that even HE (the officer) must do so. This usually consists of asking the victim if she wants her attacker arrested and prosecuted and informing her she has the right for that to occur. Most the time, the answer is "no." In those instances, the officer has the legal right to make that call and can make the arrest him/herself if there is probable cause to believe a crime has been committed and that the suspect committed the offense.

Sir, it is YOU that needs to actually read the law.

And, for the record, tonight there was no croissant nor any mocha ... we're operating in an environment of layoffs and furloughs - those are not in my budget.