Legal Question in Criminal Law in California

i was recently arrested for corporal injury to a child, my ouut of control 17yr old attacked me in public & as i defened my self & tried to restrain her i was arrested . i have my court date coming up I have never been in any trouble & i have 3 other children. i also wk for gov agency & could lose my job over this. what is the process & what should i expect I cant afford an attorney & have not yet been arrained.


Asked on 11/11/09, 4:01 pm

1 Answer from Attorneys

Brian McGinity McGinity Law Office

The facts you have presented are very sketchy and I am not sure what violation you are being charged with. However since you specifically stated corporal injury to a child I am going to assume you are charge with violating California Penal Code, Section 273d. This is a felony and If this is the situation you must have an attorney and the court will not allow you to proceed without one. At the arraignment the Judge will ask you if you have an attorney. Tell him you do not and that you can not afford one. The court will appoint a public defender for you. After that happens the public defender will explain your situation. This will at least give you a starting place. You may want to start shopping for a private attorney at least for an initial consultation. Generally public defenders are appointed when someone can not afford an attorney and their income is low enough to qualify for one. Since you work for the government your income may be to high to qualify for a public defender. However, even if your income is too high to qualify, at the arraignment the Public Defender will at least be temporally appointed and they will be able to explain your situation. Since I am not sure what the charge against you, it is very difficult to give you any suggestions. However, if it is 273d, it is very serious and you must consult with an attorney as soon as possible.

Good luck

Brian McGinity

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Answered on 11/16/09, 9:37 pm


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