Legal Question in Criminal Law in California

will the d.a have to overturn my comviction

Does the d.a have to overturn my conviction?

i was charged with battery on a spouse in california im innocent and when i was in court i was unstable im bi-polar skitsofrinic and had been without my meds and going through a depression but i didnt understand my plea or deal i can appea it but i have also gottten proof that the part in the police report they used against me ebing the part saying i hit my fiance was false that she lied and later tried admitting to the lie but the d.a wouldnt let her talk and wouldnt even pay attention to her if shes making contact to the d.a and **** admitting the police report was false not only but even during ther court process do they have to drop my charges and let me go or what ? i only have a few days to appeal and live in a different city with no car so i need to know what she would have to do on her end and what i would have to do on my end about these lies and my wrongful conviction


Asked on 8/24/08, 4:28 am

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: will the d.a have to overturn my comviction

The DA probably does not believe your girlfriend. It is very common for victims of spousal abuse/battery to recant their statements and testimony in order to save their partners. In these situations, victims who changed their stories are generally not believed.

That said, there are options if and when the victim wants to change the testimony and/or when she does not want to testify at all. For example, she could assert 5th Amendment and not be required to be testified. Generally, if there is no victim to testify against the defendant, the case gets dismissed.

You need to consult with your lawyer to explore all your options. Also, your girlfriend might need a lawyer for herself to advise her about what she can do.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 8/24/08, 4:55 pm


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