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I need a criminal defense attorney asap!

San Jose, CA |

I am seeking a criminal defense attorney because i met a guy in june 2011, months later (August 2011) I got pregnant and he new the child was his and on his own decided to financially supported me from that time till Nov 2012. Out of the blue I am served with papers to appear to court re: restraining order he is filing against me as well as him filing false charges of exstortion. I noticed things started to change after him telling his wife he had been having a affair and had a 7 month old child with me. there's much more to this but I've simplified it . Please help!!

Thanks

Seeking pro bono attorney

Attorney Answers 5

Posted

Do a lawyer search for your area. Do your research on them and see if any of them will represent you.

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Asker

Posted

I've done a lawyer search but am having hard time finding a pro bono attorney. Also is there a way to hire attorney who does pro bono and when case is won they get paid? Not sure if I'm asking correctly but does that make since? ;)

Tai Christopher Bogan

Tai Christopher Bogan

Posted

Call the California Rural Legal Aid to see about pro bono representation.

Asker

Posted

Okay thanks.

Posted

From what you've posted here, it sounds like you may need a family law attorney, not a criminal defense lawyer. Have you been arrested, issued a citation by a cop, or received any notices from the District Attorney? If not, a family law lawyer is what you need.

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Asker

Posted

I haven't been arrested or issued citation by a cop. I did receive paper work from his lawyer that including case summary and of course a set court date that I must appear in. As well as subpoena from his lawyer for my telephone records

Posted

Retraining order cases are like a hybrid type case. Criminal-Civil-Family Law implications. Yes you need an attorney. Representation in a restraining order case is not going to be cheap. An attorney would want to do a full investigation and possibly depositions of witnesses. At the bare minimum an investigation and aggressive representation.

The good news that is you are the prevailing party in the action, the court could award you attorney fees. Contact an attorney ASAP.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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Posted

Charges of extortion can be very serious. On top of it, there is a complication of the restraining order, child support issues and family law issues. You definitely need a very experienced attorney who is aggressive and won't wait for something to happen to you. Many attorneys make the mistake of not being pro-active, so watch out for that.

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Asker

Posted

Can a person get in trouble for filing false charges on someone when they know it clearly isn't true.

Seth P Chazin

Seth P Chazin

Posted

Yes. It's called filing a false police report (if it was reported to the police or other authorities).

Posted

This case is a civil restraining order case. There are several different ways to handle these types of cases. An attorney could assist you in negotiating an out of court settlement, or assist you in taking this matter to trial. I have handled around 100 civil restraining order cases,. Securing legal counsel is very important because losing the trial could negatively impact your child custody and visitation.

While disobeying a restraining order, even if the order is temporary, could result in criminal charges - this case is handled in civil or family court.

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Asker

Posted

Do you do pro bono cases?

Tomas Michael Flores

Tomas Michael Flores

Posted

It depends on the circumstances. We would have to have a thorough discussion at my office in downtown San Jose.

Asker

Posted

Oh ok I see. Well can we set something up sooner then later?

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