Legal Question in Criminal Law in California

Character reference by the victim for sentencing.

In California. My ex-boyfriend has 3 felony charges that he's pled guilty to. At the time of the arrest, I was cohabitating with him. We are both in our 40s (not kids). I called 911 because I was injured. I no longer live with him. Charge 1: Marijuana cultivation. Charge 2: Marijuana with intent to sell. Charge 3: Domestic abuse.

At that particular time, the injury drew blood and I was hospitalized. However, the abuse was not specifically directed at me. Long story, drinking and drama involved. Now, I'd like to write a character reference for the judge for the sentencing hearing. I know that it will be tricky because of the cultivation and my occupancy at the time. I can speak toward the domestic incident. I know that regardless whether the abuse is classified a misdemeanor or felony, he'll still have to do 52 weeks of counseling. Good, he needs it. But a felony is really bad news.

Should I just address the circumstances surrounding the injury? I don't want to get in trouble re: marijuana and I don't want to sound like every typical victim who takes back a abuser and wants to get hurt again because that's not the case.

The probation office wants these character references within a couple of days. From my research, it seems like me writing something that goes through the probation office is inappropriate, however, I can write something for the defense lawyer to submit to the judge at sentencing.

Should I contact the defense lawyer and work with him on this letter? Or shoud I have him review the letter and then submit it to the probation office so the judge has time to review my statement?

I'm want to be very honest and truthful and not sugar coat anything. The prosecuter and police reallllly blew everything out of proportion and I want to help keep things in perspective so he doesn't get really messed up. Other than the abuse situation, the marijuana deal was minor and just in response to our recession and the inability to make house payments. His construction occupation makes way more than the new trend of cultivating medical marijuana. In my honest opinion.

-r


Asked on 10/09/10, 2:21 pm

1 Answer from Attorneys
Brian McGinity McGinity Law Office

I would suggest, at the very least, calling his attorney and asking them for possible suggestions on what you might want to include in the letter. Some offices may have an outline to follow. Since I am unaware of the facts surrounding your situation and you stated that the prosecutor and the Police blew things out of proportion regarding the domestic violence, I would suggest writing something along those lines and staying away from subjects you don't want to discuss. The Judge does not need a lot of information. Just give me the information surrounding the abuse and nothing more.

However, before yo udo anything call your boyfriend's attorney and ask them what they suggest.

Good luck,

Brian McGinity

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Answered on 10/14/10, 2:58 pm


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