I have a clean criminal background however I was charged with a mis. 273A(B) involving my 9 year old what will happen at court : I am dealing with a honorary rebellious 9 year old who was assaulting me and I finally had it and I broke his TV and Xbox and I was arrested and released same nite. I was investigated by CPS. They closed out the referral for my son. But now I'm worried about criminal court being this is my first hearing what will happen. My son wasn't hurt despite what he told the police the day I was arrested. I believe he told the police his leg was scratched as a result of my breaking the tv, this however was not the case. I have numerous police reports on file documenting the abuse and rage I've endured from my son leading up to this incident. I'm just wondering what's going to happen to me criminally now
Evelyn’s answer:
Sacramento County District Attorney will sometimes offer you the opportunity to take a parenting class or do some other counseling service (usually under the direction of CPS) and upon completion they will drop the criminal case. When you go to court, you can ask for a public defender and see if that attorney can help you get the type of result. Its called "diversion."
As a general rule - you are the adult. Whatever your 9 year old child does that upsets you - never gives you a defense to act with violence. Breaking his TV and Xbox is not good parenting - although I am sure you see that now. You will undoubtedly benefit from some counseling and parenting education and should be seeking that out right now. CPS may have already given you referrals - follow them.
What happens if the actual driver of a red light photo enforced ‘courtesy notice’ has since passed away? : As the registered owner of a car, that is the subject of a red light photo enforced ‘courtesy notice’ how do I handle this matter if the actual driver, a friend of mine, has since passed away?
Evelyn’s answer:
If you are not the driver in the red light photo - the matter will be dismissed.
If you receive a citation in the mail - you can go down to the police station and talk to them, but it is likely the police will pull up your drivers license photo and see that you were not the driver.
Regarding petty theft case(misdemeanor):
Hi, I have a court hearing on coming may 28th.. my question is am I eligible for expungement?
What does that expungement do if I file it? If want to file that expungement when should I file? before first hearing or after first hearing ?is with help of attorney I should file that ? For your information till now I don’t have any criminal background record…Thanks in advance .
Evelyn’s answer:
Try and get them to do a theft diversion - you may be able to just take a class and have the case dismissed if you have no record. Otherwise you should try for a deferred entry of judgement - you plea guilty and if you have no other offenses in a year - it gets dismissed.
An expungement is something you do after you are done wit the case and usually have competed a probation period. You can look at the court website - it may have a form to use, The other two methods are preferable.
Good luck.