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

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

Posted

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 responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.

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Posted

omg you don't know I am trying to keep it bare minimum because there so much going on I just spend 45 mins on a coment here and pooof gone

Asker

Posted

the DA is somehow taking the witness testimony from my first altercation (the witness is my ex partner) and using the 2nd altercation to now hold him and have him evaluated. this is not a grandoius story, my ex clearly did not want me to have anything to do with my partner?? who is he to decide who I interact with. and I know it stems from the first incident, and yes I understood his point of view at the time and I tried to tell him what happened bit since I am not the professional I have no idea what I am talking about. that's who he is and why he is an ex. back to the DA She can now keep him as long as she needs to either have him stand trial as competent - go for the gold - felony and if my partner is found not competent= keep him involuntarily until made competnent = if you ask me its cruel and unusal punishment . idea I have no way of knowing yet what the true course is because I am out of the loop they don't need to tell me anything and my partner sits there while all this is happening and the only bit of info I was able to come to this conclusion is my partner said that they were going to charge me with the and the beauty of what he relayed confirms my suspicion on what the da and my ex are doing he said the "stair incident" and say no more maybe there is a chance I could be wrong because the DA cant do things like this????? I can tell by subtle body language that she had no intentions or giving me any hope that I would be able to be in the same room with my partner for a long time, and still she is not interested in talking to me about the events of either of the incidents she should at least gather something to be able to use against me. because I was hoping that people have this initial belief that people are innocent and are hopeing that someone would come along and even if its a long shot bring forth something that could help set this innocent soul free. instead the turn a blind eye a the possibility that I might have a valid issue and deny me. and my facts aren't based on "he did it becaue venus was in the 3rd house" I saw the killers face and its not my partner, but they don't care. how many other unjustices like mine has taken place. Many I can guarantee it, into looking onto my theory I had a creepy realization but that's another battle. I am shouting on the internet and I might as well be shouting in interspace - no body seems to hear me

Asker

Posted

I am right re reading my very own words, my testimony has no bearing on this case??? they don't need my pain and suffering to make their case against my partner the simple fact that it happened is all they need. please if I am crazy because of grief and frustration somebody give me a reality check. 562-335-7711

Posted

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-criminal-attorney/domestic-violence

I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com

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Posted

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 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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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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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.

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