Legal Question in Criminal Law in California
informal diversion
I supposedly violated a supposed restraining order. I don't know this individual and this is all part of a sick vendetta. I was offered informal diversion at the first pretrial but I won't take it because I truly am completely innocent. Does it mean that the prosecutor knows they have no case?
3 Answers from Attorneys
Re: informal diversion
Hard to believe there is such a thing as a supposed violation of a supposed restraining order. There either is/was a restraining order - you would know because you would have gotten served with it - or there isn't one. If there is no order, it appears this should be easy to clear up, especially if you have a good lawyer on your side.
Hard to advise you better without knowing more facts.
Feel free to contact my office for additional consultation.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: informal diversion
The "first pretrial"? If your go-to source for legal info on your case is some internet bulletin board, maybe you should take what you can get. A "supposed restraining order"? There either was, or there wasn't, one.
Re: informal diversion
No, and I'm not sure what you mean by "a supposed restraining order". If the order exists and was properly served upon you, you must obey it unless and until it expires or is stayed, withdrawn, modified or reversed. That you believe the judge who issued it made a mistake does not matter.
Assuming that the order exists, that you were properly served with it, and that you violated it after being served, the prosecutor's case is probably very solid. You should not be too quick to decline an offer that would keep you out of trouble.
It sounds like you don't have a lawyer. You need one. Now.
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