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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 88710
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a hearing tomorrow to determine whether or not to EXTEND

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I have a hearing tomorrow to determine whether or not to EXTEND the PROTECTION ORDER against the above adverse party (ME). This order was initiated by my girlfriend on 3/27 and runs until tomorrow, April 1st. This is in regards XXXXX XXXXX Domestic Battery charge against me. I stayed in jail on 3/27 overnight and posted bail. My official court date is on the 20th of April. I was told, when served in jail, that it was not mandatory that I attend. They said I can go and state my case, as she could hers. I'm weary to go to such a hearing w/o legal representation, however, as I would not want to compromise my case by stating something that could be held against me on my court date. What do I do????? Do I attend and just not answer any questions, or do I not attend as it "will have no bearing on my case"? Please help?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Do you care whether or not the TRO is extended?





Customer: replied 4 years ago.
TRO?
Expert:  Ely replied 4 years ago.
Sorry, TRO stands for (Temporary) Protection Order. Do you care if it is extended, or is your main concern anything you say being used criminally against you?
Customer: replied 4 years ago.
Well it's sort of both. I would not like it extended, but I'm more concerned about what's going to happen on April 20th, my actual case. This is my first offense with anything, and I want to know what's possible of happening. Should I get an attourney now? Or wait for the Judget to appoint me a PD? I don't wont this on my record and I don't want any jail time!
Expert:  Ely replied 4 years ago.
Sure. Yes, I would get an attorney now if you can. I'd like to refer you to the Nevada Bar's Referral program. The program is free. The attorneys are vetted, qualified, and affordable. If memory serves me right, you also get a free consultation once you are matched up with an attorney from the category that you need (or at least the consultation is very cheap - I know this for a fact). The link to the Bar's referral service is below.http://www.nvbar.org/lris/lris.htmIF YOU DO NOT HAVE AN ATTORNEY, it is best for you to say as little as possible. So if you go w/o an attorney, just say, "Your honor, due to my ongoing criminal case, I decline to comment on this, but will say that I do deny the other party's statements. However, I do pass the witness and do not wish to testify." That way, the TRO will likely be extended, but you won't do any damage to yourself.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



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Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



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You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














Customer: replied 4 years ago.
So I'm confused as to whether I should go or not?

This is basically what happen:

There were no weapons involved. I picked her up for dinner and we got into a fight right outside of her place in the car. She threw a bottle of prozac at me and tried to jump out of the car. While she opened the door, I grapped her by the hair and splapped her. At this point we were at a rolling stop. She jumped out of the car and fell to the ground and I left. She claims I kicked her out of my car while it was moving. This is next to impossible, being my feer were trying to control the break. If the car was moving is was goint 2mi tops. If anything I was trying to hold her in the car as she was flipping out and trying to jump out.

I would imagine I need a Lawyer, because a PD is not going to do anything for me? I don't want this on my record and I don't want jail time, period.
Expert:  Ely replied 4 years ago.
You should go, as to make sure they don't slap any extra stuff on you, but generally be quiet and just deny all. You'll get ruled against, but you won't have done anything bad to hurt your criminal case. And YES I would advise an attorney - I recommended one using the referral service.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














Customer: replied 4 years ago.
This is my final question i promise. Thanks for all your adivice!!! You didn't answer question of the likelyhood that I'll do jail time or get hit with a felony. They arrested me for misdemeanor domestic battery but some have said they can get me with a felony. Like I said this is my First Offense! What happened is stated below.

This is basically what happen:

There were no weapons involved. I picked her up for dinner and we got into a fight right outside of her place in the car. She threw a bottle of prozac at me and tried to jump out of the car. While she opened the door, I grapped her by the hair and splapped her. At this point we were at a rolling stop. She jumped out of the car and fell to the ground and I left. She claims I kicked her out of my car while it was moving. This is next to impossible, being my feer were trying to control the break. If the car was moving is was goint 2mi tops. If anything I was trying to hold her in the car as she was flipping out and trying to jump out.

I would imagine I need a Lawyer, because a PD is not going to do anything for me? I don't want this on my record and I don't want jail time, period.
Expert:  Ely replied 4 years ago.
Don't worry about it. I'm here to help you so ask a million if you'd like.I understand about the background. You are a good candidate for something called deferred adjudication. Deferred adjudication (also known in some counties as "diversion") is a type of probation that does not go on your record as a conviction. The probationary period usually consists of community hours, a few self-improvement classes geared towards the offense, drug tests, etc. Time period varies depending on charge and deal worked out with the defense. Now, def.adj. does go on your record, but not as a conviction, and once you complete it, it can be wiped from your record either with a Motion for Expungement or Motion for Sealing of Record (depending on your state). Have your attorney ask for this, or ask yourself if for some reason you are not afforded an attorney and choose not to retain counsel. This is a good program, and the worst thing the DA can say is “no,” but even then, you begin talking about bringing the charges down, etc. You’ll be surprised how willing the DA will be to work with you – they often have a full docket and they’ll be happy to “move” your case to make room for more serious matters.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














Customer: replied 4 years ago.
Well this is what I'm worries about...and this came from one of you female professionals on this site:

I based my statement about the felony on what you reported to me. That is, you said that she is NOT the one claiming that she jumped from the car. She is saying that you pushed her out of a moving vehicle. If that is what she told the prosecutor at some point after your arrest but before you show up in court, you can expect that the actual charge you face on your first court date will be different (and more serious) than what the police said you'd be charged with at the time of your arrest. This is another reason for having a lawyer with you, as if the charges are more serious, the prosecutor is likely to ask for additional bail.

Domestic cases are typically he said/she said matters. And if this is charged as a felony and you take this all the way to hearings and trials, a jury will get to decide just how credible your ex girlfriend's story is.

If it does go forward as a misdemeanor, you are likely to get a deal that will keep you out of jail and possibly also a reduction to something that could keep this matter off of your record. A diversion program would involve a plea of guilty, probation, and, among other conditions, anger management classes and/or counseling. Once you complete all of the requirements, the case is dismissed against you and it will not show up on your record. Nevada has such programs, but again, a program of this sort would be for a first offender where neither the fact pattern nor the injuries were particularly serious.

----------------------------------------------

I really can't afford an attourney right now and am afraid to got with a PD, because of what the above expert is saying. Am I really going to do jail time for this. I have never once in my life touched a girlfriend until I met this one. She already has a history of charging her last three boyfriends with Domestic Batttery! She's crazy
Expert:  Ely replied 4 years ago.
As you can see, her last paragraph basically says the same thing that I said in my answer.As for the attorney - the court will give you one if you can't afford one. They may ask proof of financials to make sure you cannot afford one, but they will give you one. Go there. Give yourself plenty of time for parking and passing the security scans. Dress nice - semi-formal. Don't wear sunglasses, don't wear bling, don't have pants down to your ankles, don't walk with a gangsta limp, don't chew gum, and turn off your cellphone, i.e. use your head. Impressions count here. No need to be formally dressed, but a nice blouse/shirt and slacks go a long way. No hoodies - that's for gangsters. You want to distance yourself as much as possible from half of the defendants you'll be sitting with to show you're not part of the idiot brigade for who this is a rite of passage.
When you don't have an attorney, the DA may refuse to speak with you, but do say that you "waive you rights to counsel just for today" and see what they have to offer. If you do not like it, just reset the court date and get a lawyer/be appointed one. BELIEVE ME, 1st domestic offense with no priors is almost a given for diversion program.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 88710
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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