Legal Question in Criminal Law in California

Assault w/Deadly Weapon

Charge: PC 245(A)(1)

1st hearing is tomorrow.

My daughter told me and a neighbor that her boyfriend kicked her in the stomach while she was pregnant. She was taken to the hospital and questioned by the police. She later denied that he kicked her. Noone witnessed. A lady driving by called the police - they must have made a scene - I don't know what transpired. I told the police what she orignally told me - he kicked her in the stomach. He will go to court tomorrow. My daughter wants to tell the court he didn't do it. Will she need to be present tomorrow at the first hearing? Will it help him if she is there? Or, will they set a date and call her if they need her? I have never seen them fight but have heard them scuffling upstairs but I wasn't home this time. He wants me to testify that he didn't do it. I don't see how my presence in court will make a difference since I didn't see anything. I believe he has been violent with her.

Questions:

1. Does she need to appear tomorrow - will her appearance have any bearing on the charges - can she help him?

2. Will I be required to appear? I don't believe I can help him - I saw nothing - I think he is dangerous anyway.

3. Does the DA have a case against him if noone saw?

Thank you


Asked on 11/28/04, 4:55 pm

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Assault w/Deadly Weapon

Thank you for your inquiry, and the opportunity to respond.

Your daughter is not required to be present at tomorrow's court appearance. At tomorrow's date, which is the arraignment, the charges will be read, the defendant will be explained his rights, including appointment of a lawyer if he qualifies, and will be given an opportunity to plead guilty or not guilty, and set certain future dates for court. Likewise, and this answers your question number two, you are not required to appear.

Even if no one saw the actual incident, the case can be proven. As you may have gathered from certain high profile murder cases in the media, even if no one saw the actual crime, photographs, or other evidence of the injuries, may be used to bring a case against the defendant, and even if mainly circumstantial evidence, that may be enough to convice a jury at trial.

It's not clear if you're looking for advice to protect your daughter, or her boyfriend, but an attorney can't legally represent both without waivers.

I hope that I've answered your questions, but if you do want more information or additional information, feel free to email me directly anytime, at [email protected]. It's my pleasure to assist in any way that I can.

The statement of your daughter may also be used against him as evidence, if it qualifies as an exception to the hearsay rule.

Read more
Answered on 11/28/04, 6:02 pm
Catherine Lombardo The Law Office of Catherino Lombardo

Re: Assault w/Deadly Weapon

You have asked some VERY important questions. Unfortunately, The answers are too lengthy and complicated to post here in writing. I would be happy to answer them for you over the telephone tomorrow. In the meantime, short answer: Neither you nor your daughter need to appear in court tomorrow, unless you have been personally served with a subpoena. Since it sounds like tomorrow is just the arraignment, probably you have not been served. Very difficult situation if you do not know what you are doing. Call me and I will try to help you.

Catherine Lombardo

The Law Office of Catherine Lombardo

(909)482-0384

www.expertcriminaldefense.com

Read more
Answered on 11/28/04, 9:54 pm


Related Questions & Answers

More Criminal Law questions and answers in California