At the law firm of Gerash Steiner Blanton, P.C., our dedicated domestic violence defense attorneys know how to defend against even the toughest domestic violence cases. This information is just a PORTION of what we know about these processes. The defense is not required to present evidence but may choose to do so to rebut the allegations against the defendant. Pretrial Conference | California Domestic Violence Attorney Q How much longer after arraignment do preliminary hearings take place? Preliminary hearings can be very important and frequently provide an EXCELLENT opportunity to plea negotiate or to get a much greater appraisal of the states evidence against you***. We must also assume that after receiving advice from your lawyers we jointly decided not to WAIVE this hearing. They might want to stall in the hopes witnesses become unavailable, do not remember, or grow more confused about what transpired by the time the trial rolls around. Protective orders and restraining orders are issued by different courts and it is important to understand their differences. Defendant has no prior domestic violence convictions, Reasonableness of the defendants statement to police at the scene, Inconsistencies or unreasonable assertions in the victims statement or statements, Motivation by the victim to allege domestic violence by the defendant, Victims lack of credibilityevidence of drug use and alcohol, Lack of corroborating evidence of violence at the scene, No third party to corroborate allegations of violence or battery, Victims reluctance or refusal to testify against the defendant, Our domestic violence lawyers practice law in the following California jurisdictions. (see our related page on What happens at a felony pretrial hearing? 1000 Quail Street, Q What happens if the government wins? Shortly after arraignment, the court must conduct a proceedinga preliminary hearing or a grand jury proceedingwhere the state is required to present enough evidence to establish "probable cause" to believe that the defendant committed the crime. Whether or not you are required to testify depends on your role in the case. These varied crimes and evidence often call for varied defense approaches and an experienced attorney who understands the nuances. Could the charges be dropped if I refuse to cooperate. I put together a book of 39 exhibits. If so, then make sure you get a copy, review it, and ask the judge if you have any questions about it. An arrest for domestic battery, domestic assault, criminal threats or stalking in California may result in actual jail, large fines, mandatory 52 week batterer's treatment program, mandatory alcohol education classes, and other punishment. 703 2nd Street Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. . Even if the injury required medical attention, that is not sufficient by itself to be considered a serious bodily injury. Calabasas, CA 91302. At a preliminary hearing, a judge hears the state's evidence and decides whether there is sufficient evidence to require the defendant to stand trial. Under no circumstances should you enter a no contest plea without the advice of a criminal defense attorney. There are several reasons a defendant would waive this hearing.
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