Legal Question in Criminal Law in California

PC 166(a)(1)

I was arrested December 26 2008 in Monterey County and charged with California PC166(a)(1) for violating a restraining order that was in CLETS originally issued April 2008 by Contra Costa County. The original R/O was amended by Contra Costa County on December 4 2008. I was released 6 days after the arrest and charges weren't filed. Then on Feb 9 2009 the DA filed charges and issued an arrest warrent. Why would the DA file charges for violating the R/O when I was not in violation of the R/O? How can I get these charges dropped?


Asked on 3/08/09, 11:55 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: PC 166(a)(1)

What makes you think you didn't violate the restraining order? The fact that its terms were modified does not mean that you complied with the new terms. That you were released after several days in custody likewise does not mean you didn't violate the order. It also does not bar the prosecutor from filing criminal charges.

At a minimum the D.A. clearly believes you violated the order. You need defense counsel ASAP.

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Answered on 3/09/09, 1:44 pm


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