Legal Question in Criminal Law in California

Watch my lips.

1. If you don't mount a vigorous legal defense, including hiring a lawyer to file timely opposition papers, you'll lose.

2. For sure the DA will file regardless of her wishes.

Judges generally will issue restraining orders if they feel the requesting party proved to him/her that she is in some danger and you are a potential threat. As for the D.A. Filing charges, she has no authority to tell the prosecutor not to file. You need a lawyer who knows how to handle these cases, as this is a very serious charge with LIFELONG consequences. I wish you well....... David Wallin

same answer as before:

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.