Legal Question in Criminal Law in California

I have been with my boyfriend for 3 years...hes been in jail for 6 years.throughout my relationship with my boyfriend we decided to get engaged but still put it on hold.one day the police came busting through my door with a search warrant and arrested me.they took me in the station and started asking me questions about my boyfriend.they suspected my boyfriend to be in some bussiness deals with some alleged gang members and assumed i was a part of it too.i spent a day and half in jail till my boyfriends dad bailed me out.they gave me a courtdate before my bail out to appear on court on november 16th 2011..and they told me i had felony charges pending against my name for supposedly smuggling in drugs in the visitation room when i would go visit my boyfriend in jail..even though they had no evidence of anything.so november 16th came up i went to court with my family and they ended up telling me that theyre charging me with a misdameanor only for finding brass knuckles in my room and they're giving me 10 days of cal trans with 3 years probation and a no contact order between me and my boyfriend for 10 years .i served my cal trans days and finished it payed all my fines and now im currently still on inself probation.my boyfriend still contacts me through the telephone but i havent visited him ever since that day they put the no contact order on me because i dont wanna risk going to jail for violating my probation.im wondering that if there is anything i can do to take off that no contact order because its 10 years and i plan on marrying this guy and starting a family with him.i wanna get engaged to him and spend the rest of my life with him when he gets out.if i sign marriage papers with him do you think they would have to take off the no contact order for 10 years off us because how can i not go visit my own husband and see him?what can i do to take this no contact order or at least lower it?what are the ways i can get around this?


Asked on 2/03/12, 7:17 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Your question is a bit vague, but it sounds like you pled guilty on your first court date. It also sounds like you didn't have a lawyer. If I'm right, you probably made a very serious mistake. A lawyer could probably have negotiated a better deal for you.

The no-contact order was evidently part of a plea deal that you made with the prosecutor and that the court approved. That order is binding, and you violate it every time you speak with him by phone. ("Contact" means any kind of contact, not just meeting in person.) You would also violate it by marrying him. I'm not aware of any rule that says marrying someone despite a no-contact order would negate the order or have any other effect on it.

Two other points:

1. In addition to violating the no-contact order, speaking with your boyfriend probably also violates your probation. You could find yourself behind bars for quite a while if you're caught.

2. Prison authorities have records of whom each inmate calls. They often monitor and/or record the conversations. The odds of you getting caught are pretty high, and the evidence against you may be quite solid.

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Answered on 2/03/12, 7:38 pm
Glen Fleetwood Mister DUI-800-468-2-502

No one "gives you " anything. As long as you view your criminal history as something that was placed on top of you like a car cover, you will not understand. You were offered a plea bargain. You had a right to take it or not to. If you did not, you could go to trial and fight the case.

Sounds like you took the plea bargain. I lost you at 3 years for 6 years.

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Answered on 2/03/12, 9:25 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

You need to see a good criminal defense lawyer, particularly if the plea was entered without the assistance of a lawyer. You may be able to withdraw your plea. But you should do it right away. The longer you wait the less likely you will be able to withdraw you are to be able to withdraw your plea. In any case it must be done within six months and you need to give the lawyer enough time to draw up the papers.

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Answered on 2/04/12, 2:35 am


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