Legal Question in Criminal Law in California

Domestic Violence Misdemeanor

My girlfriend filed a domestic violence complaint as a result of a physical fight between us. I was charged with a felony and the case was dismissed in court per my girlfriend. Now the city of los angeles is trying to charge me with a misdemeanor. I was told that i do not qualify for a public defender. What are the chances of getting these charges dropped if I represent myself.....would it make a difference if the person that filed the complaint appears to testify in my favor? Do I need to retain an attorney? What are my options?


Asked on 10/09/08, 10:52 am

3 Answers from Attorneys

Re: Domestic Violence Misdemeanor

You certainly need an attorney. It is never wise to go to Court alone. There are all kinds of procedural issues that can come up that can be very confusing.

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Answered on 10/09/08, 10:09 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Domestic Violence Misdemeanor

The worst thing you can do is to represent yourself. Do not do it. It looks like you have the means to retain private lawyer so you should go with one.

Your best and only real option is to fight the charges. You need to do all you can to avoid a domestic violence conviction even if it is only a misdemeanor. The victim's willingness to testify on your behalf can be helpful but the prosecution will most likely try to convict you even if the victim does not wish to prosecute the case. If the victim changes her story they will try to impeach her by saying she is now lying to save her boyfriend or husband.

If the victim wants to help you, there are options. She would need to consult a lawyer separately to get advice on what she can do. A consultation will not cost her anything but could be critical in getting the case dismissed or resolved in your favor.

Fight it. Give it all you got, especially if the victim is on your side and does not wish to see you convicted. Dismissal will not be easy as domestic violence is one of those politically charged offenses which the prosecution feel they must prosecute no matter what.

Feel free to contact me if you have additional questions.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 10/10/08, 2:14 am
Terry A. Nelson Nelson & Lawless

Re: Domestic Violence Misdemeanor

"Trying" - what does that mean? They either do or don't charge you. If charged, you'll need an attorney to defend you. Feel free to contact me if serious about doing so. The prosecutor can make the witness testify about the facts whether they want to or not.

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Answered on 10/09/08, 1:16 pm


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