Legal Question in Criminal Law in California

my boyfriend sent me a threatening text and my friend talked me into going to the cops. at that time i was emotional and hormonal because i am pregnant. i stupidly listened to her and went. my boyfriend was arrested and is being charged with a felony. i regret it now and knew at the time he was joking, i just felt like i wanted him to take me serious as to "that wasn't a funny joke". i have let the D.A, my victim witness, along with everyone else i could tell i am not threatened or afraid of him. i can't eat, sleep, or function without him. i feel safest with him more than my own parents. we have court monday and they say i will be able to speak. the judge let him out of jail tuesday afternoon on OR, but issued a stay away order until HOPEFULLY monday at court where i will RE-ask if it can be removed and replaced with a PEACE ORDER and that it was all just a huge misunderstanding and i regret all of it.

now what are the chances you think they will either drop to a misdemeanor or, more importantly, let him come home on a peace order?


Asked on 4/19/12, 7:43 pm

2 Answers from Attorneys
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

The D.A. can "take over" the prosecution of the case even if witnesses or "victims" change their story... it depends on what evidence they have. Without reading the police report, no one can give you an idea of the chances of getting a Stay-Away order changed to a "No Negative Contact" type order. I would get a good attorney or if you/he cannot afford one, he can ask to have one appointed if he qualifies. Good luck!

Read more
Answered on 4/20/12, 12:59 am
Edward Hoffman Law Offices of Edward A. Hoffman

You should consult with an attorney TODAY if the hearing is on Monday. Testifying that you made a false police report -- or making sound like you did even if you technically didn't -- could get you into a world of trouble. Even if you are willing to do that for your boyfriend, you should have a lawyer's help so that you don't make this worse on yourself.

I'm not saying you necessarily will get into trouble on Monday, but it's a very real risk and you should take precautions.

Good luck.

Read more
Answered on 4/20/12, 12:15 pm


Related Questions & Answers

More Criminal Law questions and answers in California