Legal Question in Criminal Law in California

I was at a bar with my ex-girlfriend (who is on probation and is to have no negative contact with me) and we got into an arguement and I left. I was arrested several hours later for 1. VANDALISM ($400 OR MORE), 2. ASSAULT WITH DEADLY WEAPON NOT FIREARM OR FORCE:GBI LIKELY, 3. THREATEN CRIME. None of these are true and she (of course) did not press charges. I beleive she accused me of the above because she did not want to violate her probation, but I am not sure how to prove that to the judge. Is there anything I can do.

Asked on 7/12/10, 4:13 pm

4 Answers from Attorneys

Brian McGinity McGinity Law Office

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This kind of thing happens a lot. Although I have never seen a condition of probation being "no negative contact." as a restriction. I'm sure they exist. First, you need an attorney. So I suggest you start shopping for one and get proactive. A good attorney may be able to get rid of this, if the evidence is nothing more than her word and there are no witnesses. The motive behind her claims may be called into issue. However, this is not something you can do yourself and I must stress that fact. Fighting this type of charge takes a professional that understands the evidence and what it means including the Police report and any other evidence there maybe out there. If you can not afford an attorney when you go to court tell the judge and the court will appoint the public defender's office to represent you.

There are many different ways to approach the situation as you have described it, so start shopping for an attorney. The sooner you get someone working for you the better off you will be. Also do not talk to the Police without your attorney present under any circumstances. If you haven't gotten an attorney and they want to talk to you, ask them for a public defender. Do not listen to them when they tell you, that you don't need an attorney and they just want to clear some things up.

Good luck,

Brian McGinity

Answered on 7/12/10, 7:32 pm

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Joshua Hale Hale Law Group

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No negative contacts orders are common in So.Cal. You are not without hope. You left the bar prior to any call, and since there are not likely to be any witnesses, it would be a hard case for the prosecutor.

You are welcome to call my office to ask as many questions as you want. First though, you need to determine the actual charges, penal code violation numbers.

Hope I can help you put this situation behind you.

Answered on 7/12/10, 7:49 pm

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Terry A. Nelson Nelson & Lawless

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If you don't know how to 'prove it' then you need to hire an attorney who does know how court procedures and trials are handled. Whatever evidence, facts, witnesses, legal arguments, etc., can be used by your attorney. If serious about doing so, feel free to contact me.

Answered on 7/13/10, 12:59 pm

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