California Criminal Defense Legal Questions

Yes, there is a possibility of that happening.  When hiring a good criminal defense attorney then he or she should be advocating for you so that does not happen which is not a guarantee.  However, you want to at least feel you have a better chance of no incarceration time when hiring private counsel.... Read More

I am sorry this happened to you.  Often times, the pubkic defender offices are very overworked and are unable to adequately represent all of their clients.  It is an unfortunate fact these days.  You might want to consider hiring a good, experienced criminal defense lawyer who should be able to give your case the attention it deserves.... Read More

The short answer is you can't without hiring experienced counsel to represent you.  Of course, if you represent yourself, there is a chance you can do it, but it also comes with the risk that you may make it worse or not help yourself in the way you would prefer.  Experienced counsel in restraining order cases should be able to advise you.  As to "clearing your name", I am unclear what you mean by that.  ... Read More

The investigating officer will be following an outline and/or a script.  So, he or she can advise you how it will go.  Unfortunately, even an experienced criminal defense lawyer cannot tell you what to expect at this point.  If you need more information then of course you should consider consulting with you for guidance.... Read More

Yes, you should hire a lawyer first to try and get the warrant recalled.  Some courts will require you to show up with your lawyer, but a first step is to hire a good one you trust.  It sounds like that may not be an option because you are homeless?  Hope this works out for you.... Read More

To answer your direct quettion: Whether your husband will be taken into custody is speculative.  However, he should hire defense counsel in order to try and avoid his being arrested at a time that is inconvenient for him.  An experienced criminal defense lawyer can guide him on his options to address his concerns in this matter.    Cases of exchanges becoming criminal cases are on the rise.  Therefore, your concern is a justified one.  No, you do not want to go to the Sheriff without hiring a good criminal defense lawyer first.  If he will be taken into custody then it could be after he meets with the detective or before.  Whether he will be cited and released is speculation.  A good lawyer can clarify this for you. ... Read More

I am sorry that you are going through this.  You should first let the Deputy District Attorney prosecuting the case about your concerns because they sound quite understandable.  That being said, a validly issued subpoena -- if one was serve on you -- is a Court Order that requires compliance.  Unfortuately, police officers sometimes provide incorrect legal information or even cross the line into giving legal advice (which is a crime by the way).  It sounds like they mislead you to gain your cooperation?  You can also contact the Defense Attorney to let her or him know about this.  Finally, you can hire experienced counsel to represent you to address your serious concerns to your safety.... Read More

The chances that you will be prosecuted is speculative.  From what you shared -- and I am sorry you are going through this -- it sounds like the District Attorney does not care that the alleged victim is not showing up and under section 1108 of the Evidence Code, the DA might be trying to use that prior conduct against you in this case?  Actor Mel Gibson was convicted of DV despite his girlfriend/fiance not showing up to court in Orange County.  In the end, the answer to your question really depends upon what the judge does and what your lawyer does.  You might want to hire a lawyer you feel knows what s/he is doing and has your trust that you are being defended in the best way possible.  ... Read More

If you had a lawyer -- private or public defender/court-appointed-- then you may want to ask this also of that person who represented you.  Yes, it can happen, but that depends upon the County.  It is best you speak with an experienced attorney licensed in California so you get the best answer to your question.... Read More