Legal Question in Criminal Law in California
Domestic Violence Appeal advice
my boyfriends ex is a chronic drug addict and went crazy when he dumped her... called the cops and had him wrongfully arrested for D.V. she had a miscarriage 2 weeks later, no proof it was from the alleded assault...and the judge believed her..I want to appeal and i have the documentation from the dr. saying the cause couldnt be determined... any tips on how to approach this?
3 Answers from Attorneys
Re: Domestic Violence Appeal advice
I hope you had the documentation at the time of the hearing because on appeal, you can't bring up new information. If you didn't have the documentation at the time of the hearing, the you should do a motion for reconsideration based on the fact that you now have information that you didn't have at the time of the first hearing.
Re: Domestic Violence Appeal advice
You can't appeal. Only your boyfriend can.
Whether this was a criminal case or a restraining order, he can only appeal after judgment has been entered. If he's only had his prelim (my sense is that this is where his case is at the moment) at this point it is too early to appeal. Once judgment has been entered he will have strict deadlines to meet.
It's impossible to offer more specific guidance without knowing a lot more about the case. Your boyrfriend should consult directly with a lawyer instead of relying on the more general information this site is designed to provide. He should do this himself instead of going through you in order to preserve the attorney-client privilege.
Re: Domestic Violence Appeal advice
"You" have no right to do anything, you're not a party to the case. He should consult with counsel to see what can be done at this late date, if anything. If he has been convicted of a crime, he might appeal if he has proper grounds [not liking the outcome is NOT proper grounds]. If the case is still pending, defend it properly -- hire counsel. Feel free to contact me if he decides to do so before it's too late.
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