Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

To keep you updated.....So my ex wife tried to use the incident

Customer Question
of the alleged Loitering or...
To keep you updated.....So my ex wife tried to use the incident of the alleged Loitering or Prowling Charge and A Chance Meeting on my Birthday in December as her two incidents required by the Statutue for granting someone a Restraining Order. She was offered prior to the hearing by my Attorney a Mutual Agreement of Restraint since it was proven in court that we had a 14 year non violent History and Friendship including for a full year after we were divorced as we continued to date. She had a MUTUAL Agreement explained to her by the Judge as well and she declined both times. The judge believed our defense and stated that not even ONE Incident let Alone TWO required were proven that she was in any way shape or form in danger or harm or harm to her property so Her Injunction for the Restraining order was DENIED....So she could have had something at least with the Mutual Agreement but instead she walked out of court with nothing. I have not had any form of contact with her nor do I plan on doing so ....at any time in the future. I am glad the Judge didn't allow her to abuse the System by giving her a legal piece of paper to entrap me in to a violation of a Restraining Order......Now on to the original Pending Criminal Charge. My Attorney...took care of the Arraignment and entered a plea of Not Guilty....and Now I received notice to appear in Court on May 13th for a Calendar Call. My Attorney says I MUST attend this first meeting....but then she will file papers so she can make future appearances for me without me attending however....being the nervous person I am...and want this to be done and not have any convictions on my Record....Could you please explain what a Calendar Call is? What is going to take place during this hearing....Secondly, my ex wife did not have any attoney with her at other hearing. Is your opinion that this is going to get dismissed still the same???
Submitted: 7 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 1 hour by:
5/3/2010
Criminal Lawyer: Jim Reilly, Crim Defense Atty replied 7 years ago
Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1,805
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Verified
Hi again Larry and welcome back. Glad to hear that the civil case worked out so well from your perspective.

As you probably know, the burden of proof in a civil case (preponderance of the evidence) is lower than in a criminal case (beyond a reasonable doubt). Though the issues with respect to loitering or prowling are somewhat different than those related to a restraining order, this nevertheless bodes well for the criminal case.

"Calendar call" is nothing more than the the calling by the court of all the cases scheduled in that court on any particular day. Cases can be on the calendar for a variety of reasons -- arraignment, status or readiness conference, disposition discussions, hearings on pre-trial motions, trial itself, and post-trial proceedings such as post-trial motions or sentencing.

Since you have been arraigned, I would expect that this would be a status or disposition type hearing, at which the attorneys can discuss the case between themselves and/or with the court. If no resolution of the case is reached, it could then be set for further status or readiness conference, pre-trial motions and/or trial.

Part of the reason you have to be present for this hearing is the possibility that a disposition could be reached which would require your participation (particularly if it is to be a guilty plea -- which is not to say that I think that likely in your case -- just that the court requires defendants to be present because most cases do result in a guilty plea of some kind).

The fact that your wife had no attorney at the civil proceeding should not make any difference in the criminal case. It, of course, will be handled by the prosecutor and she will not need her own attorney for the criminal case.

As I mentioned above, the fact that the judge denied the restraining order is a good indication that the supposed loitering or prowling isn't much of a case. However, you should be aware that you could commit such an offense without actually creating any danger to your ex-wife, so the elements of the two cases are somewhat different. It still seems to me that the criminal case should either be dismissed or, at the very least, the subject of a deferred prosecution which would ultimately result in a dismissal.

Your attorney should be able to give you a more specific and detailed analysis of the possibilities, as she is able to review all of the reports and knows the local prosecutors and their proclivities.

Thanks again for asking your question here on JustAnswer and for getting back to me with this follow up. If you have any other questions about the situation, please let me know.
Ask Your Own Criminal Law Question
Customer reply replied 7 years ago
Thank you for your prompt response....I know it is difficult to understand my way of thinking and the personal elements as you don't know me or my ex wife. I realize she did not need an attorney for the Civil Injunction but could have hired one as I did. Secondly I realize that the State Prosecutor will be handling the case not my ex wife. However , on the personal side....as I mentioned to you...my Ex Wife has a mother that was a former state prosecutor for domestic violence crimes....and even if she didn't think she needed an Attorney for the Civil Case...She would have called her Mom in a heartbeat...to possibly even attend the hearing for her or at least hire an Attorney for her. The reason that I KNOW she didn't and attended herself..is because she didn't want her mother to hear possible information about our 1 year history of dating after divorce and the contact has been mutual even the Night of Our DIVORCE. So after seeing all the witnesses and evidence we had at the Civil Case...it would be hard to believe that my Ex would Cooperate with the State...and press Charges and go through more embarassment and lying. According to my Attorney if SHE doesn't press charges the State has no Case. If the Witness who called the police (Who never identifyed me or left his address on the police report) doesn't want to get involved..the State has no Case...Also the police officer did not give me time to explain my reason for being at her home...and in the Civil Case I was given that Opportunity and ONE Judge obviously believed that and denied the Restraining Order. Plus..my ex was offered protection in a mutual agreement...if she really was frightned by me Why Not Take it...instead of leaving the Court with NOTHING.. So I know you can't give me the Peace of Mind I am looking for...But My Attorney Promises Jail Time will never be an issue..believes strongly this will be dismissed....and says they are not gonna throw a first time offender of a petty crime like this that was a $25 Bond....in Jail...However I am still a nervous wreck..I be fired from my Job of this is anything less than a dismissal on my Record....I appreciate your input...Larry
Criminal Lawyer: Jim Reilly, Crim Defense Atty replied 7 years ago
You're welcome, Larry, and thanks for the additional information. Based on what you've said here, I suspect you may be right about your ex-wife's lack of desire to cooperate in the prosecution of your case.

Without her testimony and if the other witness is not known to the police, then I agree with your attorney that the DA really doesn't have a case. I also agree with your attorney that jail time is extraordinarily unlikely for this offense, even if you do somehow get convicted. The fact that bail was $25 is a pretty good indication that this is not considered a jail time offense.

Try not to be too nervous -- it seems quite likely that your attorney will be able to get you out of this without a conviction and without any damage to your employment.
Ask Your Own Criminal Law Question
Customer reply replied 7 years ago
Well maybe I spoke too soon...My attorney called today to say she received the Discovery from the Prosecution and My Ex Wife and the name and address of the witness who called in the complaint were listed as witnesses for the prosecution. My attorney says she now has to depose them and the fact that my ex wife and the witness are listed on the Discovery. It made me a nervous Wreck that the State Attorney has already contacted them and they are willing to cooperate?? My Attorney tells me this is not necessarily true and that is why she will subpeona them for depositions. She again assures me this is not a jail time case and assures me that she will not let this go to trial...that this is just a long process that I shouldn't over think this or I will make myself sick..and assures me she will fix this? My ex wife has nothing to gain for herself by cooperating except causing more time away from work for her and once again being put thru similar torture she went through in the civil case. Whatever the Discovery scared the living daylights out of me and I have not been able to calm down as the only resolution that will be acceptable by my employer is a dismissal. I have a totally clean record and at 50 yrs old I am scared of the outcome scarring my future. Your input on this is muche appreciated...Larry
Criminal Lawyer: Jim Reilly, Crim Defense Atty replied 7 years ago
Larry,

Your attorney is correct, the fact that the potential witnesses are listed in the discovery documents does not necessarily mean that they are willing to cooperate.

It also does not mean that the prosecutor has contacted them already. It just means that their names were included in the police reports that were submitted to the prosecutor.

You really should rely on what your attorney is telling you (including the part about not thinking about this too much!).

I have to admit that I don't understand why your employer has such an interest in this situation, unless you have some kind of security clearance, special license or work in some particularly sensitive job. But, you should also try not to worry to much about this aspect of the situation either (particularly since worrying will not change the process or the result). I understand that you may be finding it difficult not to worry, but it sounds like your attorney has a good handle on this. Let her do the worrying -- that's part of what you are paying her for.

If you have other questions as this goes on, please let me know.
Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1,805
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Verified
Jim Reilly and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Jim Reilly Your Own Question
Jim Reilly
Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1,805
1,805 Satisfied Customers
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.

Jim Reilly is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
If my husband who was arrested for domestic violence, also
if my husband who was arrested for domestic violence , also has a record with the D.C.Y.F , plus a past domestic violence.. do any have a statue of limitations ? does the dcyf record of abuse towards … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I want to rescind my domestic violence protective order from
I want to rescind my domestic violence protective order from my husband at our final hearing. it is to late if the state has picked it up? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My husband is in jail for domestic violence. What is the
My husband is in jail for domestic violence. What is the usual punishment in the state of California? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
In a domestic violence case, can a DA prove beyond a
In a domestic violence case, can a DA prove beyond a reasonable doubt I, defendant, is guilty if there are no witnesses (none of our 2 kids saw or heard anything), police arrived after it happened, an… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
I have a domestic violence charge against me. Jan 3. 9. Not
not really no one was hurt just a slight shove i have no criminal record… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
I would like to know if a domestic violence felony offence
I would like to know if a domestic violence felony offence convicted in juvenile court 2 years ago canbe appealed. A misdemeanor with jail time was offered but in the confusion felony without jail time was chosen The sentence was probation that was completed in July 2017 … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
If someone was charged 2 counts of battery domestic violence
if someone was charged 2 counts of battery domestic violence 25 years ago can he purchase a gun in the state of fla and and this was hisfirst time in trouble with the law and he serverd only probation… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
79 satisfied customers
My partner filed a domestic violence report but did not
My partner filed a domestic violence report but did not press charges , the police told her they would come looking for me, what should I do … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,307 satisfied customers
Was involved in a Domestic violence case with my wife.
Was involved in a Domestic violence case with my wife.Incident details: Had an argument and accident in the kitchen involving my wife, during which i accidently touched a hot pan her upper chest area … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can I reopen domestic violence case if he is in provision
Can I reopen domestic violence case if he is in provision period now?Background: My husband got arrested in domestic violence case an year ago in November 2016 and case was in proceedings, His family … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,755 satisfied customers
I was convicted of domestic violence in WA state in 2010.
I was convicted of domestic violence in WA state in 2010. Since then, I have moved to Virginia, and wish to purchase a muzzleloader/black powder rifle to hunt with. It is my understanding that Virgini… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
What are the steps to drop a criminal (domestic violence)
Good afternoon, what are the steps to drop a criminal (domestic violence) case against my ex-boyfriend … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,755 satisfied customers
Domestic violence case in Az, what will writing a letter as
Domestic violence case in Az, what will writing a letter as a victim to drop the charges really do for the case and how often will that actually work? … read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
In Massachusetts. A police report filed for Criminal
In Massachusetts. A police report filed for Criminal Harassment (c265, s43A) contained firearms license status, and "he purchased 20 guns in the year leading up to this dispute." No malice, no threats… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
79 satisfied customers
I was wondering if a domestic violence victim wants to drop
Hi good evening I was wondering if a domestic violence victim wants to drop charges can the state pick up the charges? … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,063 satisfied customers
I was charged with domestic violence and found not guilty.
I was charged with domestic violence and found not guilty. How do I have this sealed. My spouse and I are back together. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My Son was arrested last night for a domestic violence
Hi, my Son was arrested last night for a domestic violence charge, we go to court tmrw, judge said if he plays guilty he can give him the minimum which is a class, and that would keep it off of his re… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
I was arrested for domestic violence charge and the victim
I was arrested for domestic violence charge and the victim lied about what happen but there was a injury to the back of her head, snail gash. I threw my phone and it hit wall and then hit hers head. s… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,255 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x