Bakersfield, CA asked in Criminal Law, Civil Litigation, Domestic Violence and Landlord - Tenant for California

Q: Involved in two conflicting court cases and attempting to find out what I should file and if they affect one another?

I’m currently being evicted from my home but not named in the case and did not participate in it. All occupants is the name on the paperwork. I was served a notice to vacate and the date is set for before he has court. At same time, I’m currently involved as the victim with my partner, who also lives here, as the defendant in a felony criminal domestic violence case of which I’m not being listened to or taken into consideration and want the charges dropped on. His next court date is for the 28th. Due to him being in jail I have not had access to a vehicle, or had any help to move. There is also an emergency protection order in place, the reason that we are being evicted is that the person we rented from died. He needs drug rehab and not 3 years in prison. I wanted him helped not punished. There was also another victim, and they lied and I said that. I have a warrant for not appearing at court Would I be wise to file an affidavit to drop the charges, and/or an emergency motion to stay?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In your situation, where you're involved in both eviction proceedings and a criminal case, it's crucial to approach each case properly. For the eviction, if you are not named in the lawsuit but are an occupant, you still have rights. In California, all occupants have the right to be heard in court regarding eviction matters. You should consider attending the court date for the eviction to explain your situation to the judge, especially since the eviction seems to be due to circumstances beyond your control.

Regarding the criminal case, while victims can express their desires, the decision to drop charges usually lies with the prosecutor, not the victim. However, you can file a declaration or an affidavit with the court expressing your views and the circumstances, including your desire for alternative solutions such as rehabilitation for your partner. This does not guarantee the charges will be dropped, but it provides the court with your perspective.

Finally, addressing your warrant for not appearing in court is essential. Failing to address this could lead to arrest and complicate your situations further. You might consider contacting the court to explain your absence and seek legal advice on how to clear the warrant. Given the complexity of your situation, consulting with a legal advisor who can provide guidance specific to your circumstances and California law would be wise. They can help you navigate both the eviction and the criminal case, as well as advise on the best course of action regarding the warrant and your desire to have the charges against your partner dropped.

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