Can I write a letter to the judge to explain that my kids father is not a bad person?
3 attorney answers
Sorry to hear about the incident and you should definitely write a letter to the Judge and DA, but give his attorney a chance to see it first. Other people can also write letters.
Unfortunately, if the children were present the DCFS will get involved. They will probably insist that you get a Restraining Order or they will file a case in Monterey Park court to determine if the kids are in danger. They will also require drug testing etc if his use was an issue.
The Court will appoint the Public Defender at his first court appearance if he can't afford a private attorney.
It is not up to you whether charges are brought; it is up to the Prosecutor. You are just a witness.
As the "alleged victim" you are entitled to be represented by an attorney throughout your husbands criminal process. It is a good idea that you hire one. They can communicate with both the DA and the Court on your behalf. The Court may impose a Criminal Protective Order (CPO) which can prevent him from living with you and the kids. To prevent this, an attorney can arrange to have you meet with probation/DA Victims Unit ahead of time to communicate that you do not want a restraining order or to testify against him.
You may not contact the Judge directly. Further, any effort by you has to be sent to all parties in the case, which means that you send copies of anything to your husband's lawyer as well as the Prosecutor.
I suggest you contact your husband's lawyer and tell him or her that you want to help him. Tell them what you want to say and let them take care of the issue. The attorney will likely prepare an affidavit or declaration for you to sign under oath and deal with the issue. It is up to them, however.