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I was arrested for criminal threat on my ex husband, what happens if he doesn't show up to the court date?

Los Angeles, CA |

what happens to my case if the "victim" does not show up to court?

Attorney Answers 3

Posted

It depends on the other evidence the prosecutor has. Certainly no prosecutor wants to go forward without the victim but in many cases there is enough additional evidence that the victim's presence is not an absolute necessity.

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Posted

If the vic does not show up for a settlement conference nothing will happen most likely. If its set for trial, and the victim was served a subpoena - then he could face legal issues. A lot of what happens with this case depends on the alleged statement made, any possible admissions from you and the "victims" willingness to cooperate with the case. Are you facing a misdemeanor, or a felony strike?? Get an attorney's advice on how to handle this!

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9 comments

Asker

Posted

I am facing a felony, I sent a text to the effect that I was going to kill him, I was diagnosed w bipolar about 2 weeks ago, my dr has/had me on multiple mood stabalizers and told both of us, for him to not antagonize me, he did, I lost control and sent him this text. I called the PD's office but they said to wait till court.. I never touched him, I was the one w blood on my hands. im just trying to see whats the worst case scenario and best case scenario... I had to cancel my medical school because this charge has me in a much deeper depression, I had my pharmacy send me a list of all the different mood stabalizers they have had me on to possible show the court if it would help.

Asker

Posted

also the night I was arrested I asked the officers now whats going to happen, they said a detective would be calling to get both sides of the story.

Stephen Troy Allen

Stephen Troy Allen

Posted

Well, I would not admit anything to the police.. at this point we don't know who sent the text msg. Also, for a PC422 the law requires the "victim" to be in a reasonably sustained fear. You should NOT admit anything else on this board but I would like to know where you were when the msg was sent, if the "Vic" knew how far away you were, etc. If he was not afraid, then you probably have good defenses. I guess the maximum exposure you face is 3 years in prison and a "Strike" but if you have no record, I would imagine probation would be appropriate. This charge is a "wobbler" which also means it can be a misdemeanor. I think you really need to get an attorney. Do not wait until the charges are filed and you are looking at a strike and a felony. Public Defenders will not be able to help before the case is filed. You need an experienced attorney to handle this now, especially if you wish to attend medical school. Best case scenario = dismissal, worst case= prison & strike. FIGHT this case. And save all your medical docs for your attorney. A little money now may save a huge headache later.. Good luck!

Stephen Troy Allen

Stephen Troy Allen

Posted

I apologize.. the maximum is 4 years prison I believe.. Just talk to an attorney. If you have no record, I seriously doubt any DA in LA would seek prison. You really dont want a felony and a strike though. Send an email, or call and ask for me if you would like to discuss the facts further!

Asker

Posted

I was in our home, his home legally, that's where I was living, cops came, told me to leave, I left but came back, I have been on disability since 2010 from an accident at work, that money stopped coming in come 2012, have NO money NONE, and had nowhere to go so I came back, and that's when he called... He has done this to me numerous times, He would start giving me alcoholic drinks, then would call the cops on me. since my marriage I received 2 DUI's, a petty theft charge, a DV charge that was dropped to disturbing the peace and now this. He knew what he was doing each and every time knowing it would affect me going to school, specially if its a Felony. I am not currently living with him after this last move he made. I don't know why he did this, other than the fact that he made the call to the cops when I came back as a punishment, it was a year ago that day that I made the mistake of having an extra marital affair.. I just saw you are in riverside, how far is that from west los angeles. ?

Asker

Posted

Also, when the police had me in their car and were asking me questions, I did NOT say a word to them.

Stephen Troy Allen

Stephen Troy Allen

Posted

good.. Im glad you did not say anything to them! =) Our office is in Riverside, but we also have offices in Los Angeles, Orange, and San Bernardino - You can call me at 951-367-3211 and ask for Steve if you want to discuss all of the facts. I will need to know when and where the text was made. It does not sound as if he was "in sustained fear" that you would follow through. You have a misdemeanor record so obviously we would like to keep it that way! We all make mistakes and I just do not want to see you end up with a felony/strike. You have a bright future ahead if you are going to pursue med school. We can do a phone consultation so you do not have to drive anywhere.

Asker

Posted

Thank you Mr. Allen, he was standing outside with the police as I sent the text, the police officer had my ex's phone in his hand and was reading the text as it came thru, how do I know you ask? he told me, and I saw them standing there, I only wish I had taken a picture to show when the text was sent and when they were standing there. same exact time!!, would it be ok to give you a call tomorrow? and what time would be good.?

Stephen Troy Allen

Stephen Troy Allen

Posted

Yes.. and it sounds like you have a really good case to defend. Anytime tomorrow afternoon would be good! Please ask for me directly and we can discuss all of these issues. If you would like to email me my personal email is allen0324@aol.com You will be ok, and you will get through this. I recommend help from an attorney starting now to work to try to prevent the filing of this case. As a former DA, it is much easier to make cases disappear before filing them, than trying to negotiate a case when a strike has been filed! I will be available for you. Have a good evening, and stay away from the evil ex!

Posted

This all depends on several factors. First and foremost, if your husband has shown up to court and has been ordered back, he must appear or will face a bench warrant. If he has not shown up and does not show up, they may try to personally serve him with a subpoena. If he is not served with a subpoena, he will not be required to show. If he is served, he will face a bench warrant.

There are ways that he can avoid testifying and there are ways you can have the case dismissed or substantially reduced. Check out my Domestic Violence legal guide on Avvo. The same principles apply to Criminal Threats. http://www.avvo.com/legal-guides/ugc/california-domestic-battery-laws

Seth Weinstein, Esq.
Los Angeles Criminal Defense Attorney
(310) 707-7131
www.sethweinsteinlaw.com

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

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