Legal Question in Criminal Law in California

wrongfully arrested

my girlfriend was attacked last night in our home the attacker ran in our home in assulted her she defened herself the attacker which is her neice called the police and my girlfriend was arrested for an assult with an deadly weapon was this wrong and if so what can i do to get her out of jail


Asked on 7/06/09, 10:03 am

4 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: wrongfully arrested

To get her out of jail, you either pay her bail, or better yet, hire an attorney with that money, and he can go to court to seek bail reduction and her release. If you spend the money on bail, will you have any left to pay the attorney to defend her?? If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me.

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Answered on 7/06/09, 2:07 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: wrongfully arrested

As pointed out by others, you neglected to give your location. If you are in the SF Bay Area, I would be happy to give you a free telephone consultation.

The bottom line however, is that she should not accept any "plea bargain" because even the most minor conviction can and will hurt her career and employment future.

"Assault with a deadly weapon" can mean a lot of things. I'd need more info on just how the fight happened to offer an opinion on what her chances are of avoiding a conviction. Assuming she does avoid it, I would also like to see her petition for factual innocence to truly expunge her arrest record (seal and then totally destroy) all records of the arrest.

You can find further information and contact numbers here:

http://dinday.com

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Answered on 7/06/09, 11:59 pm
David M. Wallin Law Offices OF David M. Wallin

Re: wrongfully arrested

You need to get a qualified attorney on her case now. As a former Deputy District Attorney, I have handled 100's of cases where the victim becomes the suspect because the other person got to the police first and they beieved the first person who contacted them. You may contact me at www.wallinlaw.com and I'll try to talk more to you about how we go about helping people in your girlfriends position. David Wallin

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Answered on 7/06/09, 10:22 am
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: wrongfully arrested

At the moment, your girlfriend is presumed to be the guilty one, unfortunately. It is up to her to produce evidence which would exonerate her and show that she was merely defending herself, if that indeed is the truth. Your best option is to get a lawyer involved as soon as possible, to get this situation resolved, perhaps even before any charges are filed.

Feel free to contact my office for a confidential and non-binding consultation.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

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Answered on 7/07/09, 4:18 pm


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