Legal Question in Criminal Law in California
Hello! I was wondering if it's ok for a defendant family or friend to contact the plaintiff? Just so the family can get a better understanding of the issue. Hopefully clear any misunderstanding and settle thing on it own. FYI: the case have not started. Only arraignment.
Thanks!
2 Answers from Attorneys
The government is the plaintiff in a criminal case. Do you mean the victim?
Either way, a criminal case isn't some do-it-yourself project you can handle with a little advice over the Internet.
Contacting the prosecution or the victim could backfire, and your attempt to "settle thing on its own" could lead to witness intimidation charges.
Let a professional handle this. The defendant needs a lawyer. If he can't afford to hire his own, the judge will appoint one when he goes to court.
The plaintiff in a criminal case is the People of the State of California. They are represented by the prosecutor, which is a district attorney for felony cases, and a city attorney for misdemeanor cases, and in some rare occasions, the Attorney General.
The prosecutor generally does not talk to defendants or their attorney, outside of court, and only for matters relevant to the proceeding.
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