QUESTION
How do I defend myself against the false no contact order violation and is his accusation enough to convict me?
Asked on Jan 10th, 2013 on Criminal Law - Florida
More details to this question:
I was in a domestic violence situation with my husband, which I plead guilty to the charge of assault 4. I don’t have a hearing yet for sentencing but was called into court for a hearing regarding an accusation of violating the no contact order. The judge postponed hearing the matter until the same day as y sentencing. I still do not know the actual accusation but whatever it was, it is not truthful. I am certain there is no proof against me because I didn’t do anything. It is basically a hearsay.
6 ANSWERS
Michael J. Breczinski
You need to have your attorney get the facts that are claimed about the violation ahead of time so they can prepare to defend you.
Answered on Jan 21st, 2013 at 10:17 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Depending on exactly what your husband is alleging, his testimony alone may be enough to convict you. If you have not done so already, I strongly suggest that you contact an attorney.
Answered on Jan 15th, 2013 at 7:48 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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Unless you enjoy having the system continue to run over you, like you describe, you need to hire a lawyer.
Answered on Jan 14th, 2013 at 2:44 PM
Hearsay is good evidence, especially for someone who is on probation, where the bar set for violation is extremely low. You better hire a lawyer before you get violated.
Answered on Jan 14th, 2013 at 2:44 PM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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You don't. You pled guilty to an assault charge. That can be used against you. If you are saying that there is another accusation against you in addition to the assault charge, then you simply have to hire a lawyer to fight the new injunction. It is going to be difficult because these are often "he said she said" scenarios, but some judges will listen and rule properly on whether the petitioner has actually proven the violation of the no contact order.
Answered on Jan 14th, 2013 at 2:43 PM
3 Awards
You get an experienced criminal defense attorney and try to break down the story of the other person showing that it couldn't have happened the way he/she is telling it, unless there are other witnesses available.
Answered on Jan 14th, 2013 at 2:43 PM