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Posted in General FAQ'S on May 1, 2014
In the United States of America, all criminal defendants are entitled to an attorney when facing criminal charges. In the event a defendant cannot afford one, it is up to the State or local government to provide one for them. Unfortunately, you must wait until a formal criminal charge has been brought against you in…
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Posted in General FAQ'S on May 1, 2014
In the United States of America, all criminal defendants are entitled to an attorney when facing criminal charges. In the event a defendant cannot afford one, it is up to the State or local government to provide one for them. Many counties have, as a cost-saving and efficiency means, created a formal Public Defender’s office…
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Posted in General FAQ'S on May 1, 2014
Under the 1996 case of People v. Superior Court (Romero), 13 Cal.4th 497, the California Supreme Court held that a Superior Court Judge could strike an allegation or vacate a finding under the Three Strikes law if they saw fit to do so in the interests of justice. Subsequent cases clarified what a Judge should…
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Posted in Domestic Violence FAQ'S on May 1, 2014
First and foremost, the prosecutor must prove each and every element of their case beyond a reasonable doubt to a jury. Typically, a violation of a restraining order defenses fall into one of three categories: False Allegations False allegations are VERY common in all domestic violence cases. Because emotions are very high in romantic relationships,…
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Posted in Domestic Violence on May 1, 2014
Violation of a restraining order is the common charge filed against someone accused of violating a domestic violence protective order. To prove that a defendant is guilty of a violation of a restraining order, the prosecutor must prove five things: A court lawfully issued a written order that the defendant refrain from some type of…
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Posted in Domestic Violence FAQ'S on May 1, 2014
Corporal injury (PC 273.5) can be charged as either a misdemeanor, or as a felony in either Riverside County or Orange County. If charged and convicted of corporal injury, even as a Misdemeanor, you could face up to a year in jail, 3-5 years of probation, a 52 week domestic batterer’s program, community service, a…
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Posted in Domestic Violence FAQ'S on May 1, 2014
First and foremost, the prosecutor must prove each and every element of their case beyond a reasonable doubt to a jury. Typically, Corporal Injury defenses fall into one of three categories: False Allegations False allegations are VERY common in domestic violence cases. Because emotions are very high in romantic relationships, people will often do crazy…
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Posted in Domestic Violence FAQ'S on May 1, 2014
The term “cohabitants” after an arrest for domestic violence, means two unrelated people living together for a substantial period of time, resulting in some permanency of the relationship. The factors that may determine whether people are cohabiting include: Sexual relations between the parties while sharing the same residence Sharing of income or expenses Joint use…
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Posted in Domestic Violence FAQ'S on May 1, 2014
A traumatic condition is a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force. In a nutshell, it can be anything from a broken bone all the way down to redness of the skin. Despite the word “traumatic,” California courts have ruled that even the most minor…
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Posted in Domestic Violence FAQ'S on May 1, 2014
Infliction of Corporal Injury is commonly known as Domestic Violence with Injury in Riverside or Orange County, California, and is one of the most common Domestic Violence charges. To prove that a defendant is guilty of Infliction of Corporal Injury, the prosecutor must prove three things: That the defendant willfully and unlawfully inflicted a physical…
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