Former nfl star arrested on miami beach for battery
February 08, 2010
Recent reports show that the economic woes this country is facing impact unemployment and consumer sentiment, but also the number of domestic violence
cases reported in Miami and across the United States. Even those who are not suffering during the economic downturn get arrested for domestic violence. Those arrested for domestic violence are usually charged with assault, battery, aggravated assault and aggravated battery. The facts of each case determine what an individual is arrested for and ultimately charged with by the Miami-Dade County State Attorney's Office. Saturday night, Warren Sapp was arrested on Miami Beach for one count of misdemeanor battery. He was released on a $1,500 bond and appeared on local TV with his Miami criminal attorney
Domestic violence cases differ from the run of the mill cocaine possession or fraud cases. When someone is arrested for a crime and booked into the Miami-Dade County jail, a bond is set depending on the monetary schedule set forth by each circuit court and the individual can immediately bond out of jail. Exceptions to this rule are serious violent offenses that carry potential sentences of life in prison and domestic violence cases. Certain violent and drug trafficking offenses are deemed non-bondable. Charges that are non-bondable include armed robbery, murder, and armed drug trafficking
. Just because someone is charged with a non-bondable offense does not mean that a qualified Miami criminal defense attorney cannot obtain a bond at a specially set hearing in front of a circuit court judge called an "Arthur Hearing".
Domestic violence charges carry a bond, however, the jail will place a domestic violence hold on those charged with this category of offense. Anyone arrested on a misdemeanor or felony domestic violence charge must appear before a judge before bond can be posted. At the bond hearing
, a judge will release the hold only after a criminal stay way order has been issued. A stay away order is very similar to a civil domestic injunction against repeat violence. The stay away order is issued which prevents a defendant from having any contact with an alleged victim. The types of contact that are prohibited are direct contact, telephonic contact, or third-party contact. E-mails and text messages are also prohibited.
Any experienced defense lawyer with experience in domestic violence cases can appear before the presiding judge and have the stay away order modified. Of course, this can only occur with a consenting victim. If the victim consents, the judge can modify the stay away order to allow contact so long as it is not violent. A person's prior criminal history and history of domestic violence will also play a part in the judge's determination whether or not to modify a stay away order. Anyone charged in a domestic violence case should know that if the stay away order is violated, police officers can arrest you on site and return you back to the department of corrections. If the judge finds that a defendant arrested for domestic violence violated a stay way order, that person will most likely be held in custody until the case is resolved. If you or a loved one is arrested for domestic violence, immediately contact a Miami domestic violence lawyer as soon as possible to defend the charges. If the charges are dismissed the stay away order will be dissolved.
Ex-NFL Star Released from Florida Jail on Bond
, The New York Times, February 8, 2010.