If you have no funds to pay for a private defense attorney, the court will appoint a public defender to represent your husband/fiancee. The public defender's office has some very good, experienced and dedicated attorneys who will safeguard your loved one's rights.
Many private attorneys will set up payment plans, but if that is not an option, your husband (or fiance?) will most likely qualify for a public, or alternate defender, if applicable.
These answers are not intended nor shall it be deemed to be the rendering of legal advise, they are given based on the information provided which is insufficient to give meaningful advise. These answers shall not be construed as part of the creation of an attorney-client relationship, nor shall it impose an obligation on the part of the attorney to respond to further inquiry. The Questioner has responsibility of obtaining legal advise from an attorney and is urged to do so.
Pro Bono means totally free. Its not realistic to expect a private attorney to handle a strike case for free and you wouldnt want that anyways. Private attorneys are paid for their time and if you dont pay dont expect much in return. You can qualify for the public defender if you have no funds. However it would not hurt to call some private attorneys in your County to see about a payment plan. In this economy many of us are making payment arrangement for clients who can't come up with a full fee up front. We do so, within reason. Considering this is a strike case its important you not just hire a cheap attorney. You will get what you pay for. Find an experienced attorney and find a way to come up with some funds and a payment plan could happen for you. Thats your best option. Feel free to ring us to see if we can accomodate you.
Pro bono is not necessary when your loved one has access to a free public defender or court appointed attorney if he can't afford one. Many are dedicated and very good, though all are probably overworked. I would be interested in learning more about the specific facts, but not in a public forum like this which others - including non-attorneys and maybe the other side - can see. You are welcomed to contact me to discuss the details at no obligation. Maybe we can find away to get rid of that strike offer. Glendale and Burbank are my "home" oourthouses.
Did your husband/fiancee lift his own foot or that of the victim causing the victim to fall? What do you mean by a "four man scuffle?" It sounds like your husband/fiancee and another man fought with two other men. Is that the case or was it 3 on 1? Who fell on who's back?
To be clear, your husband/fiancee did not need to strike anyone with his fist to be guilty of a felony assault charge. If convicted would this be your husband/fiancee's first, second or third strike? Is he in lock-up or out on bail?
YOU NEED NOT (and probably should not) ANSWER THESE QUESTIONS HERE IN THIS FORUM!
You should wait until you speak privately with a qualified attorney. I merely ask them to illustrate that there are many factors to be discussed and considered. These types of cases hinge on the facts. Accordingly, having your husband/fiancee, and not you, speak with an attorney is the best first step to take.
Finally, for the most part, good experienced attorneys are expensive. It does not sound like he and you can afford that. Instead, you might have your husband/fiancee speak to a public defender. Many are experienced, well-qualified attorneys. This is a serious case that needs a lot of work to properly defend. Good luck!
Mark A. Seif,
Attorney at Law
As mentioned above - I must strongly caution you against revealing any information online or to anyone other than the attorney that will eventually represent your fiance. If you are discussing the case with a not-yet-retained attorney you will still be protected by client confidentiality rules. However, even describing the incident to a friend or relative can have potentially catastrophic results. Do not post any more information online!
That being said - the elements needed to prove an assault charge do not require that your husband/fiance have actual physical contact with the alleged victim. The California Penal Code only requires that a person act willfully to inflict force or harm on another and have the ability to do so. There are defenses such as lack of intent, self-defense, defense of others, inability to actually inflict said harm.
If you are interested in discussing your case, call or email to set up a consultation. If you are concerned about payment we can discuss a flat fee retainer.
While I am an attorney and I practice in the area of special education the answers that I provide in this forum should not (should never) be construed as "legal advice." If you wish to receive "legal advice" I suggest that you contact me at The Law Office of Janina Botchis. Contact information is provided in my profile.