Legal Question in Criminal Law in California

domestic violence

My wife and I had a fight and ended

up with some bruises all around her

body. When I went to get some of

my stuff I took her computer and her

passport. So she called the police and

made a report that I stole her

computer and passport and that I

beat her up. The police came and

took pictures of her and filed the

report. I gave her back her passport

and computer. She said she didn't

know what to do. Now she wants to

help me get out of this mess and

wants to stop them from arresting

me. The thing I am scared about is

that if convicted it will be my third

time for domestic abuse. They told

her that if she doesn't go to court

then the case will be thrown out.

What should I do? The police have

already contacted a friend of mine,

gave her a case number and said

that I have to call them today by

noon. How much time will they give

me for this? And what happens if I

run away and not call them?


Asked on 3/18/09, 10:28 am

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: domestic violence

As far as you are concerned you do not have any obligation to discuss your case with anyone but your own lawyer. In fact, you will be making a huge mistake if you do.

That said, you need to know whetehr an arrest warrant has been issued. A lawyer who could negotiate surrender and bail terms up front would be most helpful.

As far as the case goes, it is indeed true that in most situations the prosecution will not proceed with trial unless the victim is available to testify. They will attempt to subpoena her and will make her testify even if she tries to change her story to say she had made it all up. Their argument, often successful, is that she is now recanting in order to protect her boyfriend or husband.

You need a good lawyer on this, no ifs or buts. Because you are facing third conviction, your exposure is significant.

Feel free to call my office for a free and confidential consultation about legal defense strategies which might be relevant to your case.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 3/18/09, 8:33 pm


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