Legal Question in Criminal Law in California

My husband was arrested for domestic violence. He is in custody arraignment Tuesday. I have been interviewing with attorney's all day trying to figure out who to retain. My question is two fold. First I had filed a restraining order against my husband because I was told to do it by the sheriff. I was told by one attorney that he will get the restraining order reduced to a no negative contact order and it won't be a problem. We have a little boy. Is that true? He also told me that he can get my husbands bail reduced so that he can get out of there. Charges are felonies. We had a situation that got completely out of control, and I was just as involved as he was. We never had an altercation before. Not excusing him. He needs anger management as well. I get it. The attorney told me my husband would be able to come home on Tuesday after court. Does that sound right? I just want to make sure I don't write a big check because of puffed up statements just so they can get my case. Thank you.

Asked on 6/16/13, 8:26 pm

2 Answers from Attorneys

John Laurie Gertz and Laurie

First there are no guarantees in any case. You should chose an attorney who is qualified and whom you trust. A referral from a friend is always best.If you ask your friends for a referral you might be surprised that they may have used a criminal attorney in the past. You do not need to say it is for your husband you can say you are asking ion behalf of a friend. Your local bar association should also be able to refer you to one. As to your question as to reduction of bail, that depends upon what the bail is now and what his prior criminal record is. No knowing what the facts are in the altercation I can not answer the question of will he be able to come home with you.

This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter or retainer agreement hiring me or my firm..

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Answered on 6/16/13, 8:53 pm

Zadik Shapiro Law Offices of C. Zadik Shapiro

You should always be leery of an attorney that promises you a particular outcome. At the same time an attorney who has experience in the field and who is familiar with the judges may have a pretty good idea of what will happen. Whether he can come home after court depends upon your ability to pay the bail that the judge sets. If you got a temporary civil restraining order that order will disappear if you do not show up in court to get a replacement order. If you are talking about a criminal restraining order that can be modified on Tuesday but again the attorney should not promise any particular result. The decision will be up to the judge. Even if you got a civil restraining order and do not pursue a restraining order for a longer period the judge on Tuesday may issue a criminal restraining order or some variation thereof.

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Answered on 6/16/13, 9:21 pm

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