Legal Question in Criminal Law in California
dom. viol./fraud
I've been a domestic violence victim, as well as my whole family due to an ex boyfriend, in the family maintenance area, with case almost closed. My ex boyfriend used me as a tool to commit fraud w/checks and after many charges were eliminated, I have a pending felony for receiving stolen property. I have finally received a court order permanent restraining order last week which clearly stated all the fraud placed on me and my family, including his past 9 months of serving time, his physical, sexual and emotional abuse. Will this possibly help my case, b/c this lingering charge would be a violation of probation, which should've been included when I had other charges, but we were not heard together on this last charge. I have proof of all my recovery groups, programs and granted restraining court order.
2 Answers from Attorneys
Re: dom. viol./fraud
Plain and simple, you absolutely need a lawyer. You should not plead to anything without having your case thoroughly reviewed and represented in court. If you cannot afford private counsel, a public defender should be appointed for you.
The evidence and facts you mention are clearly mitigating in nature and might even exonerate you altogether. Impossible to tell without knowing what is in police reports, etc. At the very least, what you went through should make you sympathetic in the eyes of the prosecution and the judge. You need a good lawyer to work the facts and circumstances of your situation to your advantage.
Feel free to contact me for a non-binding consultation if you are looking for a lawyer in Souther California.
Best,
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: dom. viol./fraud
You can't just wave your restraining order around at the courthouse like it was a get-out-of-jail free card. You are going to have to either retain an attorney or have the public defender plead you guilty.