My spouse called the cops on me, what should I do? | Law Office of James Medows

11 Oct My spouse called the cops on me, what should I do?

Don’t panic but don’t stay there. Cause what’s going to happen is the police will arrest you and you will not have had an opportunity to lawyer up and call me. Generally what happens is that husband and wife for same sex partners or lovers get in to a little electrification and it happens. Ideally it shouldn’t result in any type of domestic violence but it happens from time to time with emotions or false allegations either way now is not the time to explain yourself at the situation with the cops because the cops are going to arrest you anyway. Why do I say that, because of the fact that law enforcement from the most part especially in New York City has zero discretion, if one partner or spouse, or whoever it is decides to file a domestic incident report against the other, law enforcement has to make an arrest.

If you’re gonna be at the scene odds are you’re gonna give a statement to them and they’re going to arrest you. Why make their job easier? Generally what I suggest to my clients is get out of the situation. Don’t run away altogether like just leave the situation for many reasons, 1. Your temper is the highest then; your emotions are the highest. There’s no reason to be there. Leave the scene. Now what’s gonna happen is some point law enforcement will look for you. Don’t run away then. You should have hired an attorney ideally myself at that point in time and what’s going to happen is I’ll make arrangement for you to surrender yourself to a precinct. What is surrender?

It means that you and the detective that is assign to this case make arrangements with me as the liaison and you’re going to be going to a precinct on your own terms and you’re going to be taken in to custody and then eventually you’ll be processed from the precinct, transfer to the courthouse, see a judge. Why is that a good thing? For many reasons, number one I’ll make sure that you won’t give any statements to law enforcements after you call me. Second thing is if at the arraignment, which is the initial court appearance, where the district attorney will tell you’re formally charged with, the district attorney has the option to recommend bail or to release you on your own recognizance. Most of the time, especially in this post ray rise error, where domestic violence is the most agreeduce crime out there.

The district attorney will recommend some type of bail and the court can go along with the district attorney or the court can ignore the district attorney’s recommendation and release you on your own recognizance. If you volunteer yourself to submit to the police by that voluntary surrender, by going in versus the warrant squad and having to look for you. The judge will see that you are not a flight risk and by knocking a flight risk you have a better chance of being released without any bail and if bail is set, it makes life a lot of harder for you and your loved one and it cost you more money and there’s no reason to involve bail bonds if you could avoid it in the easiest way to avoid having bail set on you is by you making arrangement with law enforcement and the best way of you making arrangements with law enforcement is by lawyering up and hiring me.

This is a transcription of an interview with James Medows.