Legal Question in Criminal Law in California

I have been arrested once for family violence , where the charges were dropped, by the way these allegations were false. I was recently arrested for criminal threats against the same woman , my wife .

these to are false allegations , she is trying to build a case against me so that I may not be able to see our 4 little girls , and so that she may get full custody , do I have a fighting chance ? and how can the law determine if these are false , because I was arrested on heresay?


Asked on 1/10/10, 7:42 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

There's no way to give you a meaningful answer without a complete review of the evidence and a thorough investigation. At this point, the best advice is not to talk to anyone about the case except a lawyer who is representing you. If the cops contact you, tell them you want to remain silent and respectfully decline to answer questions,

Penal Code 422, criminal threats, is a "wobbler," meaning it can be charged as a felony or a misdemeanor. A felony conviction is a "strike" under the Three Strikes law, which can be used to increase the prison time for any future felony conviction.

In a domestic violence case, her prior allegation could be used to show you are the kind of guy who tends to commit this kind of offense, even though the charges were dropped.

You were not arrested on hearsay. Hearsay is a technical term, where A says something to B, and B tries to testify about it in court. Her in-court testimony is direct evidence, and her word alone is enough to convict you if a jury believes her.

You definitely need a lawyer. If you can't afford to hire one and the District Attorney files criminal charges against you, you are entitled to a lawyer at government expense and the judge will appoint the Public Defender at your first court date.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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Answered on 1/15/10, 9:41 am


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