Legal Question in Civil Litigation in California
In February I was convicted of vandalism, misdameanor. I have a no contact order issued through the court with the person who filed the charges against me. We live in a small town and sometime after the conviction I ran into this person. We got into a screaming match, however I left from where they were at and went home. The cops showed up at my residence and charged me with PC 166.4 saying that I had been violating the court order. My question is, I wasn't bothering her. I left from where the argument took place. I was placed under arrest and released on O.R. . Was I falsely arrested? They have no proof I was bothering her and what will my sentence be if I plead guilty? Or should I proceed with a not guilty plea
2 Answers from Attorneys
You should get a lawyer. Rely on a public defender if you can't afford to hire counsel.
Your claim that you weren't bothering the woman is hard to accept, since you admit you and she "got into a screaming match." People in screaming matches usually feel bothered. Besides, you are subject to a no-contact order, not a no-bother order.
While it may be inevitable to cross paths with her in a small community, you had the option to walk away without engaging her. That is what you should have done. Your actions may or may not have violated the order, but had you simply walked away you would not be in this mess now.
Mr. Hoffman is entirely correct. Do not plead guilty unless the attorney you do hire advices that. You are clearly guilty, as once you saw her you should have walked away and no arrest would have happened. My guess is that a judge would be tempted to put you in jail as you have already failed to honor the prior no contact order and your defense is a silly attempt to get around a clear order.
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