Legal Question in Criminal Law in California

I was arrested last july for dv which my girl friend lie to the officerabout me hitting her. She said i hit her days before that day so when the cop saw me he towed my car and arrested me on an incident that he didnt happen and doesnt even have a date to when it happen. In court it says on or before this date of arrest. Their is no actual date. I plea guilty to get out that day cuz my vehicle was in impound. I set a motion to to withdraw my plea but was denied so i appealed the judges decision and im still waiting. The day i was arrested the judge ordered a restraining order. Well my girl friend does not care about it and insisted on seeing me. I ignored her but found me and i made the mistake of hanging out with her. Well we got pulled over and i was arrested for violating the order. I did 2 days and was ordered classes and probation misdemeanor. Got out and of course did the mistake of hanging out with her again and was arrested but cite and released this time. The wholee time ive asked her to go to court and ask the judge to cchange the order so finally after months we have a court day to modify the order. Im afraid i will be taken in to custody. What should i expect and does anyone have any advice. I am staying away from her but she will find me again. I want to go to family court and get a restraining order on her cuz i dont want to keep going to jail.


Asked on 5/13/18, 2:41 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Advice? Get a good lawyer!

You have been randomly 'doing things' in a system that you admit you don't understand and are merely 'complaining' about now.

You have already been arrested several times.

You have already confessed and pled guilty to one or more crimes, out of 'convenience'.

You have already suffered a DV restraining order against you that seriously affects your future employability and other rights.

You say you 'appealed'. Are you sure of what is happening or what you need to do next with that appeal? Or, what it's chances are?

And now you face another court hearing you apparently don't know how to prepare for or conduct, based on your request for advice.

We can't give any specific 'legal advice' here, you are not a retained client. But, in general, you need to prepare and get ready for filing and using your supporting paperwork, witness declarations, and other evidence. You need to get any needed witnesses subpoenaed. In other words, you need to act now like a lawyer preparing for a court hearing or trial, because that is what you need to have any chance to 'win' this. At the hearing you will need to act like a lawyer there, handling introduction of evidence, witness questioning, etc. It is all in the details man, the details. If you can't or wont hire one of us lawyers here, you should go to the court and find a courtroom hearing cases like yours. Watch to see what the lawyers do and get a feel for the court procedures and rules you will need to know. Any other advice would have to come from you lawyer, but then you wouldn't need any advice, he would be handling it all.

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Answered on 5/14/18, 7:19 am


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