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A Breakdown Of The Process Following Arrest On Charges Of Assault Or Domestic Violence

Interviewer: What the process is going to be like for an individual that’s been accused of an assault, just general assault or domestic violence either one, what’s the process going to be like from the point that they’re arrested and then detained?

Lauren Scardella: Once they’re released, they call us, retain us and we’ll take care of everything that has to do with notifying the court that we represent them. We’ll give them advice on what they should be doing or not doing with regard to contacting the person or going to their home to retrieve belongings that they may need, to stay elsewhere while they’re not allowed to be in contact with the alleged victim.

Sometimes it Can Take a Long Time for the Prosecutor to Provide Discovery

It can sometimes take a while for a prosecutor to produce the discovery in the case, so the case may seem to be proceeding very slowly.

The Court Process Can be an Arduous and Lengthy Process in New Jersey

People have to understand that unfortunately in New Jersey, as almost everywhere, the wheels of justice turn very slowly.

If A Victim Doesn’t Want to Proceed Anymore, the Prosecutor May Dismiss the Case

Once we get to court, if the victim doesn’t want to proceed anymore, then the prosecutor may dismiss the complaint or they may try to attach conditions to the dismissal. It just depends on the prosecutor. A person may end up on probation and may have to pay some fines and may have to do anger management and all those things we’ve discussed already. The process is not usually overly arduous or overly lengthy but it can be. Sometimes, we say the punishment is in the process because of all the uncertainty that goes along with having a case pending in the courts and that applies to pretty much everything that we do because the process can be lengthy and that can be very stressful for many clients. It’s very punishing in that sense and a lot of our clients feel very relieved when the case is finally over, regardless of the actual outcome.

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