Here is Sarasota, other than for dui, one of the principal reasons a person gets arrested, is for domestic battery. It is one thing for a couple to argue, it is quite another for that to come to blows. I have been handling battery and aggravated battery cases for over 30 years. Most of the time, alcohol is the cause. Sometimes it is over money or jealousy, but most of the time it is because someone, or both, may have had too much to drink.
If someone calls 911, even a neighbor, and the police respond, nine times out of ten, someone is going to jail. The police have a zero tolerance for domestic disputes, and are afraid that if they don’t take someone away, the argument can turn to real violence. Did you know that police are at their highest risk responding to a domestic violence call? If there is a 911 call and it is alleged that the person is armed or has a gun, the situation can turn ugly really quick.
An arrest for simple battery or aggravated battery between a husband and wife or domestic partners has dire consequences. When the person arrested goes before the judge, the judge automatically enters a “no contact” order as a condition of bond. This has catastrophic consequences for the average working family. The husband may not be able to come home and end up living with friends or relatives, or even in his car, until his lawyer can get things worked out. It takes weeks for the State Attorney to make a decision in most cases and in the meantime, the family is separated, jobs lost, kids upset and things are in chaos.
As a Sarasota and Bradenton criminal defense lawyer, my goal most of the time is to try and restore the family unit. Sometimes, if things have gone too far, this is not possible, but often, counseling is a better alternative to someone going to jail. What the judges should do is look to the cause. If alcohol was involved, one of the conditions of release should be, no drinking. When possible, if the core relationship is good, I work towards getting the couple to examine what went wrong. If things have gone too far, then the better approach is to bring the case to a speedy conclusion whether that is some kind of deal or trial. Some lawyers sit on cases and continue them forever, but in my view, a pending criminal case is like a bad tooth. It doesn’t go away, and the sooner you address it, the better.