Legal Question in Criminal Law in California

DA contacted me

Hello, I have an interesting scenario. I was charged with DV. Turns out my ex-girlfriend incriminated herself by admitting on the stand at prelim. that she assaulted me. We filed charges..DA office will not file against her. DA handling my case is very upset and getting emotional about this. Instead of the investigating DA calling me to tell me the results of the investigation against the ex, the DA who is investigating me personally calls me on my phone and tells me the results. Is he supposed to have any contact with me during this process whatsoever? Him calling me seems to be a subtle threat.


Asked on 5/04/09, 7:18 am

3 Answers from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

Re: DA contacted me

If you already have an attorney and he knows it, no he is not supposed to contact you. You call him the "investigating D.A." but you already had a preliminary hearing, so it is well beyond investigation.

It sounds like you will have to take this case to trial. You should be in good shape. The only remaining issue is whether you used excessive force in responding to her assault and battery. Are you representing yourself? If so, that is foolish. If not, why are you not telling all this to your own lawyer?

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Answered on 5/04/09, 2:16 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: DA contacted me

The D.A. is supposed to deal with your lawyer -- if you have one and if the D.A. knows who it is. If you don't have a lawyer, then the D.A. is entitled to deal with you directly. After all, who else is he supposed to contact?

If you don't already have a lawyer, get one immediately. You should have had one at the prelim. The longer you wait, the worse your situation is likely to become.

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Answered on 5/04/09, 4:02 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: DA contacted me

I sincerely hope you have your own lawyer - private or public defender. If you already have one and the DA knows it, direct contact with you is improper.

For the sake of your case, you should not communicate with the DA under any circumstances unless it is through your own lawyer.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

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Answered on 5/04/09, 6:12 pm


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