Legal Question in Criminal Law in California
A person takes a plea deal in a domestic violence case some charges were dismissed in exchange for one charge of a felony w/a strike. The attorney has emailed the defendant not to contact the victim as a no contact order is in place. The defendant has already called the victim from jail . Defendant is awaiting sentencing will the plea deal still stand? The defendant was facing 2 felony's and 2 misdemeanors but his plea deal was plead no contact to the felony with strike and 1 misdemeanor. So do his plea deal still stand?
1 Answer from Attorneys
The defendant is not bound by the stay away order until he/she is given notice of the order. But I have trouble believing that the defendant's first notice occurred in an email from his/her lawyer after the plea has been taken. Under normal conditions the defendant would be given a copy of the restraining order or notified of it in the courtroom either at the time of arraignment or at the time of the plea.
In any case the decision as to whether the plea agreement is to be voided is up to the sentencing judge.
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