Legal Question in Criminal Law in California

Affirmative Plea on Self Defense - Is it required or conflict with plea bargains

Tomorrow could be my last pre-trial either to accept a ''no-contest'' settlement of battery of spouse instead of the original charge of Domestic Violence caused corporal injury of spouse. Although I truly believe that the minor injury was an accident during self-defense, and I have plenty witness and evidence to support me (I was cornered, beaten with a rod and injured as well with bruises and bit marks), I try to avoid this hurting my family as a whole by having to state her problems in the court and make my wife's mental disorder public. But a biased wrongfully given criminal sentence will be a trauma for my whole life. I need a lawyer to help me to get at least ''Deferred Prosecution'' or having the case dropped. First I don't know if I can get this lawyer or the settlement of ''Deferred Prosecution'', Second, I don't know if this will make my future self-defense plea and appeals impossible or harder. Please help.


Asked on 11/29/04, 3:28 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Affirmative Plea on Self Defense - Is it required or conflict with plea barg

The time to get a lawyer was long ago. If you don't have one at this stage then my guess is you told the court you wanted to represent yourself. The court may let you bring in a lawyer even this late in the case, but the day before the prosecutor's offer expires is awfully late to begin the search.

If you plead guilty or no contest to any charge, you will almost certainly not be able to appeal the judgment as to that charge. The only arguments you could possibly make are that the trial court failed to properly advise you of your rights or that you were coerced into accepting the deal. The first seldom happens, and the second seems not to be the case here since you are considering rejecting the deal. (You can also appeal your sentence under some circumstances, but such an appeal will have no effect on your conviction.)

It is very unlikely that a lawyer will be able to get the case dropped at this stage. You might not even be able to get a better offer from the prosecutor or a delay in your trial. What you will get, though, is informed advice about your options and what you need to do.

Contact the clerk's office at the courthouse where your case is pending and ask how you can get a lawyer appointed to represent you. If that doesn't pan out, call your local public defender. And do it now.

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Answered on 11/29/04, 5:13 pm


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