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Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My brother has just been arrested for Domestic Violence in

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My brother has just been arrested for Domestic Violence in clifton, NJ. Need help ASAP
Customer: replied 2 months ago.
Police came and took him and said they will be back in 2 hours. I called Clifton Police Dept. and they said this charge is gonna show up on his record. Is this true? My Brother has a clean slate and I don't want this to appear on his records. Wife regrets calling police and told them. She could go down there if it will help. Do we need a lawyer to go to the station?
Customer: replied 2 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Good morning. Was he released yet or needs to go before the judge?

Customer: replied 2 months ago.
He isn't released until now and they didn't give him his call. I can't get more info. Said will bring him back in 2 hours, but it has been more than 8 hours now.

Thank you for the reply. I am not sure why they said they would bring him back in 2 hours. Normally, when someone is arrested for domestic violence, they will be held in jail and wait, to go before the Judge. Once that happens, the Judge will likely set a bond and conditions of their release and they can post it and be released, at that time. Now, it is important to remember that this is a crime against the State of NJ,, with her interest, being represented by the prosecutor. As such, they have the final say about proceeding against him BUT they need her help and cooperation as the victim. She can express to them she does not want them to go forward and she can ask about signing a waiver of prosecution, even advising that she does not want them taking action. Seeing how he will likely go before the Judge this morning, there may not be enough time to retain counsel to appear at the bond hearing but it should be posted. Once he is released, he can speak with and consult with criminal defense attorneys and hire one to represent him.

Customer: replied 2 months ago.
Ok. Wife already went to station 3 hours after arrest and wanted to stop the procedure, but didn't work. She doesn't speak good English. They wanted her to sign something but she didn't and went back home. How Do we pay for bond?
Customer: replied 2 months ago.
As of now, is he guilty of something or not?
Customer: replied 2 months ago.
We trying to get hold of an attorney but to no avail. Can wife appear again in bond hearing? She regrets doing it...

As of now he is not. He is innocent until proven guilty and that burden is on the State, when it comes to trial. Once he goes before the Judge and you know the bond amount, you can decide if you want to post it yourself or use the services of a bail bond company and pay 10%. She can appear and see if she can speak but it would not be at that time, that the trial is held and/or charges are simply dismissed.

Customer: replied 2 months ago.
I just called Police dept. Officer said that until arraignment, he is either released or kept in custody. No more bail in NJ state.

Yes, he can still be released but with certain conditions and there will be an assessment, to determine and make sure he is not a flight risk or threat to the community. A lot depends on what they are going to charge him with and the degree of the crime and facts behind it

Customer: replied 2 months ago.
Will his record show "arrested for ..." even if he is found innocent (after court)

Even if the case is dismissed or he is not not guilty at trial, the arrest itself may appear. As such, he would then need to proceed and get his record expunged, to prevent the public and potential employers, from seeing it.

http://www.nj.gov/corrections/pdf/OTS/FRARA/ParoleHandbook/10557_expunge_kit-11-2012.pdf

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Customer: replied 2 months ago.
Hi. Brother called again. He has to wait to go to court in Paterson around 12:00-14:00. I need an attorney to go calm him down and advise him.

Yes, most offices open around 9am, so you can contact a criminal defense attorney in the county at that time and they can be retained and appear, during that time to act on his behalf and represent him.

Is there anything else I could answer or clarify for you?

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