Legal Question in Criminal Law in California

how do i reiterate and still come out a winner?

I have filed a restaining order with an L.A. County court house. The defendant violated the restraining order, I am now the Witness forthe State of California. the defendant now has a private Attorney. The defendant claims that I called the defendant on the day after the judgement as orderd, and I told the Prosecuting Attorney I did'nt after I gave her my phone bills, the phone bills stated I did call. and they were all 1 minute calls! 4 in total. I tried to tell the Prosecuting Attorney that I wanted to reiterate the statement. that I did in fact call but I called the defendants office not the defendant. I called the defendants office to tell the defendants lover to leave me alone! after the defendant came to my house and threw a rock at my car, I called and told the defendants lover to leave me alone and the defendants lover hung up on me and then I faxed the comment of leave me alone to the defendants office. My quesrtion is: will I still win? becaause I'm reiterating my question? and Why does the defendant need an Attorney? in your opinion. and do I need an Attorney? and how do I get the Prosecuting Attorney to return my calls and or help me, or listen to me? This case will be lin court again on December 23, 97 at 1p.m I would really appreciate your comments.


Asked on 12/11/97, 10:13 am

1 Answer from Attorneys
Larry Bruce Larry B. Bruce Attorney At Law

Every Case Has Its Own Facts

You ask many questions but the answersmostly boil down to each case at law dependingon the individual facts and circumstances. Alsothe appearance of things is often as important or more so, than reality. When you, as a personwho sought a restraining order, then took theinitiative and made calls to a phone numberassociated with the defendant, you created anappearance of inconsistancy, even though youoffer an explanation. Anyone accused of wrongdoing in a courtneeds legal counsel. The Defendant in yourcase will undoubtedly have counsel. There is areal chance that even counsel with little or noexperience will make you look like toast on crossexamination. This is why the prosecutor is avoidingyou. You probably do not need counsel, but I cannot rule out such a thing. If you have even"shaded" the truth at any point leading up tothe events now in question, you probably ought to run, not walk, to a lawyer NOW. The next time you seek a Court Order, tryto act in conformity with it yourself, evenif the terms are not directed to you. The lawexpects parity from the accuser. Good Luck.

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Answered on 12/12/97, 3:31 am


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