Legal Question in Criminal Law in California
My ex girlfriend accused me of assaulting and threatening her to avoid violating her probation. I am now facing three felony counts. What can I do?
2 Answers from Attorneys
?? Defend the charges. If serious about hiring counsel to do so, feel free to contact me. Your attorney will use whatever credible admissible evidence, witnesses, and facts are available in motions, negotiations, or at trial.
Well, from the facts you have provided I'm not certain exactly what has happened, if anything at all. Have you been arrested for these charges? if you have what are you being accused of and what are the exact charges you're facing? If you have not been arrested, how do you know you're facing three felony counts.
If you have not been arrested and have not spoken to the Police, I suggest you immediately get an attorney. Do not speak, under any circumstances, to the Police without your attorney present. It does not matter what the Police say to you do not talk to them without your legal representation present. If you do not have an attorney, ask the Police Officers for a Public Defender. If they tell you that you really do not need one, do not listen to them. There are absolutely no circumstances under which you should answer any questions from law enforcement without an attorney present.
If you've been arrested and have not yet made your first court appearance, which is called an arraignment, then I suggest you start shopping for an attorney. If you decided to talk to the Police let your attorney know exactly what happened and what was said. If you can not afford an attorney, then when you go to court for your first court appearance, tell the Judge you want a public defender appointed and the Judge will have the Public Defender office appointed to represent you. Once you talk with a public defender let them know if you spoke to the Police or answered any questions from the Police. Tell the Public Defender exactly what happened and what was said.
If you're arrested before you get an attorney or before you have spoken to any attorneys, once again the same advice holds. Do not talk to Police without an attorney present. You can ask the officers to have a public defender come in and represent you while they are questioning you. The most important thing to remember is not to talk to law enforcement without an attorney present.
There is no way you can properly represent yourself in this type of matter and I doubt if any Judge would let you try. You will need an attorney for this situation. These type of charges are very serious. If you do not know of any attorneys in your area, call the local county bar association and ask for some criminal defense attorney referrals and they will give you some names and numbers to start calling.
Good luck,
Brian McGinity
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