Modesto, CA asked in Uncategorized for California

Q: I was charged with a 273A . I am not guilty in this charge there is no evidence other then hear say. how do I fight this

my girfriends daugher who was 11 has accused me of choking her.. which I did not do. I was dicplining the child for disobeying the same no' no's after the third time I got angry and grabbed her blouse that it perhaps choked her. Now the other part of of this,. We moved to our new county in late July 2021, our child had not started school until early August . So the DA has pressed charges on me for this crime that apparently happend in June (?) I didn't even live in this county until July 2021. I'm fighting to get this info to the judge. I have no money to hire an attorney. The public Defender does not care to represent me and I have refused a public defender. how can I get this info to the judge? or do you know if there are any Pro Bono Attorney?

Related Topics:
2 Lawyer Answers
James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: It sounds like you may have an affirmative defense. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: Gather Evidence: Collect any evidence that supports your defense, such as witness statements, surveillance footage, or any other relevant documentation that can challenge the credibility of the allegations. It is crucial to establish a strong defense based on factual evidence.

Present Evidence to the Judge: If you have evidence that demonstrates you were not in the county during the alleged incident, it is important to present this evidence to the judge overseeing your case. Consider submitting a written statement or documentation that proves your whereabouts during that time. You may need to file a motion or request a hearing to present your evidence.

Request Legal Aid: If you cannot afford an attorney, explore options for legal aid or pro bono representation. Contact local legal aid organizations, bar associations, or public defender's offices to inquire about available resources and assistance for individuals who are unable to afford legal representation.

Court Assistance: When appearing in court, clearly and respectfully articulate your defense. Make sure to explain any evidence you have that supports your innocence. If you are representing yourself, be prepared and organized. Follow the judge's instructions and rules of procedure.

Seek Support: Consider reaching out to local community organizations, support groups, or advocacy agencies that specialize in criminal defense or assisting individuals who are facing legal challenges. They may be able to provide guidance, resources, and connections to pro bono attorneys or other forms of support.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.