Legal Question in Criminal Law in California
First time offender Aressted for DV (when I turned myself in to talk to the police) moved ( pushed ) my wife out of my way so I could exit the house....she had a doc app. And told the doc I knock the air out of her....police when to the doc office...she had no marks...did not press charges...bailed me out and we were just fine 5 hours later...I have a court date..do Plea ...not guilty? Should I get a lawyer? Or public defender? I just was hired to a new position within my company an I will be very busy and cannot afford to jeopardize my job as we are a single income family.. please help thank you
4 Answers from Attorneys
Definitely advisable to get a lawyer. I don't know if you will qualify for a Public Defender. They will probably have you plead not guilty, at least initially.
BARRY BESSER
www.besserlaw.com
It is definitely best to have representation. If the police report is consistent with your summary of the facts, it was probably filed as a misdemeanor. If it was a felony filing, you would have to be present at each court appearance. Not so with a misdemeanor. Your attorney can appear for you at some of the court dates. However, this is best done with a private attorney because public defenders almost always require the defendants to be in court. That is the only time they have to talk to the client.
Get a lawyer, give her a detailed account of what happened, answer her questions and then follow her advice. If you don't like her advice, get a second opinion. But don't try to defend yourself.
Whether or not you retain a qualified attorney is up to you. Generally, you will find that a public defender has far too many cases to spend the time neccessary to really do the job of a private criminal attorney. As a Former Deputy D.A. and a criminal law specialist, I have been a part of about 3,000 or more DV cases. You need to consult with a qualified attorney in or near your area. Most attorneys give FREE consultations, as do I. If you want to have a free consult on the phone, just call me at 661-267-1313 and I will be happy to speak to you. If it's after 5:30 pm, you will get my 24 hour service, and just leave your name and number and I'll call you back. I wish you well. David Wallin
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