Legal Question in Criminal Law in California

Arraignment

My ex and i had a physical altercation in September of 2005 and i called the police so i may get my belongings. When the police came they took pictures of me and i had a couple of bruises. I have sinced moved out with our children. My ex is in Germany on business and has received a notice of arraigment I received it with my mail. My ex has no idea about the arraigment and wont be in the country on the specified date. 1st Question. How can he get charged with out a sworn statment from myself? 2nd Question. What will happen if he misses the arraignment?


Asked on 4/09/06, 10:20 pm

4 Answers from Attorneys
Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: Arraignment

It would be much more time efficient to answer your questions by telephone. Please e-mail Mike Navarro at [email protected] and provide a telephone number so he can call you.

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Answered on 4/10/06, 5:31 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Arraignment

1. A sworn statement from the victim is not required before a defendant can be charged. If it were, no one could ever be charged with murder -- and criminals would have a strong incentive to kill their victims in order to escape punishment.

2. Unless he has had a lawyer working on his behalf (see below) he will most likely be arrested and taken into custody at the airport, then taken to court for his arraignment.

Your ex needs to hire a lawyer. If he is charged only with a misdemeanor the lawyer can enter a not guilty plea on his behalf. If the charges include a delony the lawyer will have to go to court for him and ask for the arraignment to be postponed until shortly after your ex's scheduled return. Unless the charges against him are particularly serious or he has a significant criminal history, such a request should be granted.

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Answered on 4/09/06, 10:37 pm
Terry A. Nelson Nelson & Lawless

Re: Arraignment

You gave your statement to the police at the time, and the DA filed criminal charges, which the DA will now pursue regardless of your wishes. If your 'ex' doesn't appear at arraignment in person or through an attorney, the court will issue an arrest warrant, and he will likely be arrested as he comes through customs at the airport. He should hire an attorney, who can make an appearance for him at the arraignment and represent him on the charges. With your cooperation, the attorney may be able to get the charges dismissed or reduced in a plea bargain, but no guarantees. Contact me if interested in doing this right.

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Answered on 4/10/06, 1:01 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Arraignment

Give him my number: 16192223504. The other replies are accurate.

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Answered on 4/10/06, 3:12 pm


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