Legal Question in Criminal Law in California

ex parte hearing - ?probable cause ? due process

my case report says that a warrant was issued a few days prior to my actual arrest - case status: says a 'fugitive'- day before I was arrest. the following day I was arrested. Police said I was being arrest for interference with an investigation and failure to protect because I let my spouse into the house after he was told to stay out. The police also took my child and said they were at the station because they couldn't leave them with there father because he was under investigation from numerous complaints. I was pressured about subjecting my 6 yr old daughter to some kind of assessment. When I refused saying my daughter had been checked by ER doctors and her pediatrician who assured she was fine. I also had made appt. for our family to get counseling together. the officer told me if I cooperated I be going home. When I would not consent he grabbed a form and said I was going to jail. I jail I later realized I was booked for a violation of code 273A (felony). My children were turned over to CPS and put in Foster homes. My spouse was never arrested. He was left a home. I was denied OR I was told because the judge wasn't giving out any. I was held for 14 days. a plea bargain of filling a false report, offered if I wanted out


Asked on 7/18/08, 2:41 am

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: ex parte hearing - ?probable cause ? due process

Telling your rambling story here, and hoping for a magic wand piece of advice or sympathy, is of no value to you. If you are facing serious criminal charges, the only useful advice you are going to get is to hire an attorney. If you can't afford private counsel, get the Public Defender.

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Answered on 7/18/08, 3:38 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: ex parte hearing - ?probable cause ? due process

Only a lawyer fully familiar with your situation and facts of your case can help you. I would assume you would have a public defender if you cannot afford a private attorney.

Unfortunately, the scenario you described, where a client is being forced into a lousy deal because they cannot OR or bail out is among the things we criminal defense lawyers hate most. Other than accepting a deal, your other choice is to proceed with a speedy trial. However, only your lawyer can evaluate and advise you on your chances of success if your case goes that far.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 7/18/08, 3:16 am
Daniel J. Mangan III JuryTrialJustice

Re: ex parte hearing - ?probable cause ? due process

Sounds like something was happening before your arrest??? Also sounds as if you took a deal to get out of jail...with perhaps some misguided advise from a public defender? If you pled there is no ex parte hearing for PC or DP....pulling the plea (motion to withdraw plea) could result in your re-incarceration pending determination of the case. Have Counsel assist you in the juvi court.

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Answered on 7/21/08, 10:31 pm


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