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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Legal
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Experience:  Attorney for 22 years. General Practice, Labor/Employment, PI, WC, Criminal, Family.
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My wife and I had an argument and some one called the ...

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My wife and I had an argument and some one called the cops. I stay in Orange County. I may have mentioned that I may have hit my wife. My wife didnt say anything and did not sign anything. After being arrested i declined to say anything without a lawyer. I was charged with PC 243 (E) (1) and am out on bail. What is the process going ahead and what can I do to make best of this situation
Submitted: 9 years ago.
Category: Legal
Expert:  Cowgirl Lawyer replied 9 years ago.

First, hire a criminal defense attorney if you have not already done so. A domestic violence conviction has sweeping implications for you, some of which are life-long, such as losing your ability to buy a gun, or even to obtain employment with certain employers.

Second, anything you say can and will be used against you. Everything you said before asserting your rights is usable in court. Any admission or statement that could be construed as an admission can and will be used against you. You must not talk to the police or prosecution again, as what you say will be used against you.

Third, there needs to be some corroborating evidence to support a conviction, in addition to a possibly vague admission. This is where a defense attorney will be worth their weight in gold to you, as they can work to poke holes in the prosecution's case.

Right now, the prosecution has possible testimony from the neighbors, concerning what they heard or saw. The prosecutor could also subpoena your wife in to court to testify against you, even if she is not keen on pursuing this case. And, they have the police officers who can testify to anything they witnessed, including your statement and any marks they saw on your wife (if any).

If you have a defense attorney, you have a better chance of winning if this case makes it to trial. If you have a defense attorney, you have a better chance of obtaining a good plea bargain should you choose to accept a plea offer, as your attorney will be able to show the prosecutor the holes in the state's case.

Good luck to you!

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Gloria Morris

Attorney at Law

Legal Disclaimer: The information I am providing you is for informational and research use only. You are paying me only for such information. The information is not legal advice and by rendering such information there is no formation of an attorney-client relationship. As the law is constantly changing, you are advised to consult with legal counsel in your area for specific information relevant to your situation.

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