If a domestic violence case is falling apart at the seems because of such bad communication between police, detectives, DA's etc

Asked about 1 year ago - Long Beach, CA

to where even the victim is stating that they weren't attacked by the "defended" he acted in self defense, except the defendant has priors. The witness that lives with the couple says he saw the victim as the aggressor. and a competency evaluation has been ordered. in addition, the "victim" is wanting to defect to the defendant's camp and no one is talking or returning calls, doesn't the defense want moments like this? could the charges stand up at trial because the victim attacked him, "reasonable doubt" right?? why are they so adamant about pursuing this, the DA keep stating once we find out whether or not he can stand trial we can do anything. so he sits in jail waiting for his Appt while the case lays in shambles on the floor. is this right?????? fair????

Attorney answers (5)

  1. Joseph Salvatore Farina

    Contributor Level 17

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    Answered . I always say there is one common fact about every criminal case: there is the victim's story, the defendant's story and the truth. And the truth usually lies somewhere in between. Logically, anything can happen in criminal case, but if the defendant is totally innocent and blame free, I say go to trial. That why we have trials and from what you've stated, you sound like you have a winning case. Can't understand why the DA is even bothering with this case. This is certainly not right and obviously not fair. Have you gone to the media with this injustice?

    The information and legal suggestions made herein do not in any way create an attorney-client relationship. The... more
  2. Seth Andrew Weinstein

    Contributor Level 15

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    Answered . Prosecutors in California hate dropping Domestic Violence cases. Arrests are mandated and the Prosecution tries to extract as many guilty verdicts or pleas as possible. Often times when defendants announce ready for trial, the DA lowers the offer to make it more favorable to the defendant.

    Seth Weinstein, Esq.
    Southern California 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... more
  3. Vijay Dinakar

    Pro

    Contributor Level 16

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    Answered . Sounds like defendants defense counsel ordered a pc1368 evaluation because he/she doubted defendant's competency to stand trial. During this period, criminal proceedings are suspended until there is a Dr. Evaluation and court makes a decision as to competency. If deemed incompetent, defendant cant be tried and criminal proceedings remained suspended until such time when defendant regains competency. Usually defendants competency is restored through a combination of psychiatric medication, psychiatric hospital treatment, and subsequent evaluation. If defendant is deemed competent, criminal proceedings commence again and the defendant with his attorney fights these allegations. If victim doesn't want to testify (thus indicating she may have filed a false police, a misdemeanor), victim needs counsel who would advise her to assert 5th amendment right. If victim takes 5th, she is considered "unavailable" for trial and none of her statements come in through officers or others under 6th amendment confrontation clause. If she is the only witness to the allegation crimes, the case crumbles. Obviously there are many more facts that I may be unaware of that may affect what I've said (and perhaps I'm misreading that defense counsel 1368'd defendant). Regardless sounds like defendant should hire an attorney given that the public defender seems not to be aggressively fighting this case (perhaps I'm also misreading this). Best of luck.

  4. William Peter Daley

    Contributor Level 17

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    Answered . What you describe sounds like he has a very good case to present at trial and win. The law provides that he must go to trial within a certain period of time, and if he can't make bail unfortunately he will have to sit in jail until the time of the trial.

    http://lawofficeofwilliamdaley.com/san-diego-cr...

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California... more
  5. James Regan

    Pro

    Contributor Level 20

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    Answered . Nothing can be done until the evaluation is completed. The defendant should be careful not to catch additional charges for tampering with a witness.


    There is no confidentiality online. Volunteering to answer this question does not create an attorney-client relationship. The accused is presumed innocent until proven guilty beyond a reasonable doubt. The likelihood of a positive outcome- exoneration or a mitigated sentence- is increased with the help of an experienced criminal litigator. Seek out an experienced criminal litigator for a free consultation. If you cannot find one on Avvo, search at the National Association of Criminal Defense Lawyers (NACDL.org) Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members: http://tinyurl.com/8ru8wtv

    Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

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