Legal Question in Criminal Law in California

alledged domestic violence

My Fiance was recently picked up on two open warrants, ( no addit charges) one was for a 2001 DUI where he never finished his classes, he was sentenced on this case and is currently serving 90 days in county The other warrant, which still holds a 25000.00 bail, was for an aalledged dv complaint, which was filed agains him 9/2004. He didn't do this. He was never arrested , wasn't even aware there was a complaint against him. The woman who filed the complaint was NOT a domestic partner, nor did they have a dating relationship. She moved out of state several years ago and there has been no contact. (note, no restraining order filed, until DA filed it 6/28/2007)

Charges arer 252-243(E)PC & 273A(B)PC. He was arraigned on 6/28/2007 and pleaded NOT guilty. The case was held over for trial, on 7/11/2007. The Alledged victem did not show. PD says DA can't find victem so they ammended? the complaint and there is a trial date 7/18 for this new unknown charge. PD did not ask for bail reduction or OR.

He has completed 23 days on the 90 day sent,which a Jail sargeant told him is appx time being served Is there any way I can get him out prior to 7/18 trial? He has 1 prior dv conviction 1996. Isn't he innocent until proven guily?


Asked on 7/12/07, 2:16 pm

1 Answer from Attorneys
David Kaloyanides David J.P. Kaloyanides, A Professional Law Corporation

Re: alledged domestic violence

To answer your last question first, of course he is presumed innocent until proven guilty beyond a reasonable doubt. That has nothing to do with bail. If you want to get him out, first he has to complete his 90 days, and then he has to post bail on the second warrant.

Read more
Answered on 7/16/07, 12:12 am


Related Questions & Answers

More Criminal Law questions and answers in California