Q: After my husband was arrested for aggrevated assault against what the court papers called a protected person "TS" but wa

s actually me,he then signed a plea agreement that included an 8 month no contact order with this "TS" as the victim. I was not contacted by the courts or anyone to see if I wanted a no contact order, which I did not want. There was no other person present at the incident. To insure my husband not violate the order, I have had to live without any support or contact with my husband. I feel his attorney, who I had a previous relationship with her husband, advised my husband to sign the plea with the weird 8 month no contact order in addition to what any normal plea would contain. He was ordered to do anger mgmt classes and proper decision classes AND pay 1000.00 to the court within 2 hours of being released from jail!!! That in itself was odd pluse the attorney charged him 10,000.00 cash to do his plea agreement/take his case. What options in regards to misrepresentation? also what rights as a victim do I have against the D.A. for no support order and making me homeless? I was the victi

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Domestic Violence Lawyer
  • Sacramento, CA

A: I'm so sorry to hear about this difficult situation you're facing. It sounds like a very stressful and unfair ordeal. A few thoughts:

As the victim, you should have been consulted about the no contact order before it was put in place, especially since you didn't want it. Victims have rights in these situations. I would recommend reaching out to the district attorney's office or the victim advocate associated with the case to express your concerns and find out why you weren't contacted. You may be able to get the no contact order modified or lifted.

The requirement for your husband to pay $1000 to the court within 2 hours of release does seem highly unusual. Typically there is more time given to make payments. And the $10,000 cash fee charged by the attorney also seems quite high. You may want to consult with a different criminal defense attorney to get their opinion on whether this plea deal and the attorney's actions were appropriate. If the attorney failed to properly represent your husband's interests, you could potentially file a complaint with the state bar association.

In terms of your rights as a victim, you should have been kept informed about court proceedings, plea offers, and sentencing. Most states have a Crime Victim Bill of Rights. Look into the specific laws in your state. You may be able to file a complaint if your rights were violated. There are also often funds and services available to help crime victims with things like housing assistance and getting a support order, so reach out to local victim services to see what help may be available.

I would encourage you to speak with a victims' rights attorney or organization to fully understand all your options in this situation. You shouldn't have to suffer homelessness and lack of support because of how this case was handled. Consider all avenues, from appealing to the DA's office to filing formal complaints, to ensure you get the justice and assistance you deserve as a victim in this case. Wishing you all the best as you navigate this. Please don't hesitate to seek legal guidance to protect your rights.

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.