Attorneys.Media

Get Interviewed!
|

Attorney Stuart Kirchick Explains What Is Required For The Police To Make A Domestic Violence Arrest

Attorney Stuart Kirchick Explains What Is Required For The Police To Make A Domestic Violence Arrest

Ray Hrdlicka – Host – Attorneys.Media

“When a…law enforcement arrives at the scene, whether, you know, called by a neighbor, called by one of the two family members, you know, husband, wife boyfriend, girlfriend…when they arrive at the scene, what do they have to see to be able to make an arrest?”

Stuart Kirchick– Criminal Defense Attorney – Santa Clara County, CA

“Well, they really…”

Ray Hrdlicka – Host – Attorneys.Media

“Actually, I want to put that…to stick, you know?”

Stuart Kirchick– Criminal Defense Attorney – Santa Clara County, CA

“It’s interesting you use the word ‘see’. Because really, all they have to do is hear the complainant say that the other party, spouse, boyfriend, girlfriend, whatever, did an unconsented battery, a push, a touch, whatever, and the cops don’t have to see anything.”

Ray Hrdlicka – Host – Attorneys.Media

“Ah, I see.”

Stuart Kirchick– Criminal Defense Attorney – Santa Clara County, CA

“And what’s interesting about that is, the police are mandated by their own policies to arrest the aggressor. So, if two people are telling then they’re in an argument, They’re in a fight, they have to determine, the officer, he or she needs to determine who’s the aggressor. If they both say they hit each other, whatever, the officer will make an arrest. Sometimes both get arrested.”

Ray Hrdlicka – Host – Attorneys.Media

“That’s what I was going to ask you.”

Stuart Kirchick– Criminal Defense Attorney – Santa Clara County, CA

“What happens…if you’re ion that situation, they do. If it seems kind of mutual, the cops will arrest both and let the DA’s office work it out on who’s going to get charged, or neither gets charged.

But an arrest has to be made. They will, it used to be, because they want to break the cycle of domestic violence in a relationship. It used to be long ago, 30-40 years ago, it was this attitude of…

’you guys worked it out’?

‘Have you worked it out yet?’

‘Have you made dinner for each other?’

‘Did you take care of that problem?’

‘That argument that led to you calling police?’

Yes, everything’s fine, and they’re crying, or whatever. And they close the door, and that was it. And then, of course, this cycle of domestic violence would continue. So, the policy changed, and someone has to get arrested because it breaks, it starts a new process. Someone’s going to have, maybe an emergency protective order, can’t contact the other party, you know, for a period of days. There’s going to be an arrest, possibly prosecution, down the line. So…”


Looking for a trusted San Jose criminal lawyer? Look no further than The Law Offices of Stuart D. Kirchick.

With over 30 years of experience, Stuart Kirchick is a highly skilled and experienced criminal defense attorney who is passionate about helping his clients achieve the best possible outcome in their cases. He is well-versed in all aspects of criminal law, and he will work tirelessly to protect your rights and defend your interests.

Stuart Kirchick is also a skilled personal injury attorney who can help you if you have been injured in an accident. He will fight for your right to compensation for your medical expenses, lost wages, and pain and suffering.

And if you are facing a civil litigation case, Stuart Kirchick can help you navigate the complex legal process and ensure that your rights are protected. He has a proven track record of success in civil litigation cases, and he will work tirelessly to get you the results you deserve.

Here are some of the reasons why you should choose The Law Offices of Stuart D. Kirchick for your legal needs:

• Stuart Kirchick is a highly experienced and skilled attorney. He has over 30 years of experience in criminal law, personal injury law, and civil litigation. He is well-versed in all aspects of these areas of law, and he is always up-to-date on the latest legal developments.

• Stuart Kirchick is passionate about helping his clients. He believes that everyone deserves to have a fair shot in the legal system, and he is committed to fighting for his clients’ rights.

• Stuart Kirchick is a proven winner. He has a successful track record of winning cases for his clients. He has won acquittals in criminal cases, and he has obtained large settlements for his clients in personal injury cases.

• Stuart Kirchick is affordable. He understands that legal fees can be a barrier to justice, and he offers affordable rates to his clients.

If you are facing a criminal charge, a personal injury, or a civil litigation case, you need an experienced and skilled attorney who will fight for your rights. Contact The Law Offices of Stuart D. Kirchick today for a free consultation.

Here are some additional details about the services that The Law Offices of Stuart D. Kirchick offers:

• Criminal law: Stuart Kirchick can help you if you have been charged with a crime, such as a DUI, drug possession, or theft. He will defend your rights and fight to get you the best possible outcome.

• Personal injury: Stuart Kirchick can help you if you have been injured in an accident, such as a car accident, slip and fall, or workplace injury. He will fight for your right to compensation for your medical expenses, lost wages, and pain and suffering.

• Civil litigation: Stuart Kirchick can help you if you are facing a civil lawsuit, such as a breach of contract, property damage, or discrimination. He will protect your rights and fight to get you the best possible outcome.

The Law Offices of Stuart D. Kirchick is committed to providing its clients with the best possible legal representation. Stuart Kirchick is a highly experienced and skilled attorney who is passionate about helping his clients achieve justice. He offers affordable rates and a free consultation, so there is no risk in contacting him to learn more about how he can help you.

Contact The Law Offices of Stuart D. Kirchick today for a free consultation.

Contact Attorney:

Stuart Kirchick

831-464-8340

The Law Offices of Stuart D. Kirchick attorney is an innovator that brings 30 years of experience and a degree from Santa Clara University School of Law to the table, permitting him to provide dedicated service in many areas of the law.

He brings his expertise to cases of Civil Litigation Law, Personal Injury Law and Criminal Law, and is well-known for providing qualitative legal plan and advice in any circumstance.

His skills are unmatched in the industry when it comes to organizing and presenting complicated claims, negotiating with tenacity and providing premium advice, resulting in a very long history of favorable results for his clients.

Tags:

You may also like

Scroll to Top