Legal Question in Criminal Law in California
I was recently arrested in the state of California for Domestic Violence PC 243 (e) 1, and also served with a temporary restraining order.
I have no prior arrest.
How likely is it that a conviction will occur?
How likely is it that a judge will grant a permanent restraining order?
7 Answers from Attorneys
1. Very likely unless you immediately retain competent counsel.
2. Very likely, and certain unless you retain competent counsel.
In your question, you state NO FACTS upon which to give you any intelligent, proffesional answer. If you call me at my office, I offer you a FREE phone consultation. As a Former Deputy District Attorney and a Certified Criminal Law Specialist with about 25 years of experience, our office has handled well over 1000 domestic violence cases and the restraining order issues that usually accompany these issues. One of my offices where you can reach me is 661-267-1313. I look forward to answering all your questions.......... David Wallin
Sorry, but there is no way to guess about the possible outcome of your case based on what little you wrote.
The first concern is the restraining order. Unless you have an attorney that is well-versed in these issues and what the prosecution must do in order to get a restraining order issues, the judge will simply issue it and you're stuck with it.
Spend the time between now and your court date looking for a competent defense attorney. Look for someone who routinely practices in the court where your care will be heard. I'd also suggest getting somebody who focuses on criminal law, not just any old attorney.
Conviction will occur if there are facts and evidence to support the allegations. A RO will also be issued for the same reasons. You'll lose your firearms rights if that occurs.
Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any testimony or evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.
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