Friday, 4 April 2014

I have been convicted under neologism contenders for misdemeanor child abuse. While under probation, I was arrested for domestic violence. M...

Question

I have been convicted under neologism contenders for misdemeanor child abuse. While under probation, I was arrested for domestic violence. My partner, who happens to be the victim in this case, bailed me out and soon thereafter, I went out of the country. I missed my court date because of that. Now I want to come back and sort out my pending case for domestic violence. The victim was not hurt. This is in CA.

What can I expect to happen when I go to the superior court to ask for a new court date?

Could I do that in writing?



Answer

You have somewhat of a mess. You are facing new charges, a probation violation and a failure to appear. No, this cannot be done in writing. Your attorney (and possibly you) are going to have to appear in court.

You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

Please pardon any typos - posted via mobile device.



Answer

Mr Dane offers you very sound advice.



Answer

Your attorney can place the matter on calendar but you will have to personally appear. At the initial hearing you will probably be given a restraining order requiring you to stay away from your partner. Among the probation requirements, if you are found to be guilty or in violation of your probation will be one requiring you to complete a 52 week domestic violence course.



Answer

All good advice above, but I write to say that there are ways to avoid a restraining order requiring you stay away from your partner. And there are ways to prevent a conviction, too, depending on many factors. You don't say which court this is in, but if it's LA county, don't hesitate to contact me for a free consultation. Steve Mandell 310 393 0639



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