Legal Question in Criminal Law in California
The District Attorney charged me with violation of a criminal protective order, PC166(a)(4). I contend that I was never served with the paper document of the criminal protective order, which should have been served on me 30 months before the event giving rise to my charge. The DA contends the verbal order made by the judge in the court room is sufficient for service of the criminal protective order. How in tarnation was I supposed to remember what a judge verbally said 30 months before getting accused! Is proper Proof of Service for this matter a document showing when, where, how and who served me with papers for a criminal protective order?
1 Answer from Attorneys
Your attorney can raise that argument as part of your defense of the chargers, and try to introduce at the hearing whatever evidence or witnesses you have in your favor. You should understand though, that telling a judge you 'don't remember' his order is not going to be well received by him.
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