California | Criminal Law
Legal Question
Assault w/Deadly Weapon
Charge: PC 245(A)(1)
1st hearing is tomorrow.
My daughter told me and a neighbor that her boyfriend kicked her in the stomach while she was pregnant. She was taken to the hospital and questioned by the police. She later denied that he kicked her. Noone witnessed. A lady driving by called the police - they must have made a scene - I don't know what transpired. I told the police what she orignally told me - he kicked her in the stomach. He will go to court tomorrow. My daughter wants to tell the court he didn't do it. Will she need to be present tomorrow at the first hearing? Will it help him if she is there? Or, will they set a date and call her if they need her? I have never seen them fight but have heard them scuffling upstairs but I wasn't home this time. He wants me to testify that he didn't do it. I don't see how my presence in court will make a difference since I didn't see anything. I believe he has been violent with her.
Questions:
1. Does she need to appear tomorrow - will her appearance have any bearing on the charges - can she help him?
2. Will I be required to appear? I don't believe I can help him - I saw nothing - I think he is dangerous anyway.
3. Does the DA have a case against him if noone saw?
Thank you
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