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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23573
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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As a victim my girl was taken to jail but after two days

Customer Question

As a victim my girl was taken to jail but after two days said she was released but in fact she was still in jail without no money on her books I found out when attouñys investgater told me I was testifying on her behalf ask to let her know this I told the prosicuter I didn't want charges they never put 9n the stand but told her that I there against her told her they would let her out time served three years informal probation and restrain order for three years neither of us has history this is first time she been in jail ofcarse she sign who wouldn't they had n9 case and lied to get a guilty plea it not ment to ruin or relationship but that is what its doing I have been twice to have it removed and keep running me around are you kidding I need help
JA: What state is this in? And can you tell me a little more about the charge?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No I don't have much money but I love this girl so much I can't sleep at night because I think about her at most disorderly contact was More like it
JA: Anything else you want the lawyer to know before I connect you?
Customer: Were both homeless so are disagreement was out in the open rather than closed doors like you might have
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 month ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now.

Please tell me what your question is?

Customer: replied 1 month ago.
I don't want the protection the order provides I don't feel threatened in any way she is now at the mercy of sexual pretitures and I can't protect her from them any thing I can do to get it removed shes been a rape victim has no address I can't talk to her something bad is coming with out no one to help her I need to help from those that wish to harm
Expert:  Zoey_ JD replied 1 month ago.

Thank you for the clarification.

You're the victim of this crime and you can go to the prosecutor and ask for the order to be limited or modified since you aren't in need of protection.

If the prosecutor doesn't want to do this for you, you can reach out to the defense attorney and tell him that you don't want or need the protective order. He can file a motion to modify the sentence and if you were there to tell the judge you neither want nor feel you need an order, the judge could lift it.

All of that said, the odds are against you because as a matter of policy, judges and prosecutors are very reluctant to lift a restraining order. But they might be willing to modify it allowing for limited contact so long as she doesn't harrass, intimidate or assault you. Asking for a limited order would be a fallback position if the prosecutor or the judge says no to you.

Other than that, if she was wrongfully coerced into taking a plea, she could appeal the case on that ground. If she wins the appeal the plea would be vacated and the case reopened. You could take up the matter of the order then.

Expert:  Zoey_ JD replied 1 month ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.