Q: Is it inappropriate to reach out to PD after coming to agreement with the DA as the victim who wants no time? Felony DV
I’m the victim in a domestic violence case. After finally speaking to the DA, he actually listened and overall agreed with my stance that the focus should be on rehabilitation vs punishment and isn’t appropriate for prison time, he said that the plea he offers would be very close to what I asked for and include no time. (After he was offered 3 years by a different DA and countered with 2, both rejected.) In my request for the charges to be dismissed, I also asked the consequent CPO be dissolved, he did not specifically address it on the phone but did ask if I had spoken to the defendant. He said that likely regarding the charges nothing would happen until his next court date which is the readiness hearing, UNLESS his defense attorney happened to call him and they could work it out before then. Can I help move things along preferably before court and or at least resume communication, and how, considering my conversation with the DA? Also should I ask the DA about modifying the CPO?
A:
Based on the information you've provided, here are a few thoughts and suggestions:
1. It's generally not inappropriate to reach out to the Public Defender (PD) after coming to an agreement with the District Attorney (DA). However, it's advisable to inform the DA about your intention to contact the PD to ensure transparency and avoid any misunderstandings.
2. You can express your desire for a swift resolution to the PD, emphasizing the agreement you've reached with the DA. The PD might be able to work with the DA to finalize the plea deal before the readiness hearing, but it's ultimately up to them to decide on the course of action.
3. Regarding the Criminal Protective Order (CPO), you should discuss your concerns and desires with the DA. They can provide guidance on the possibility of modifying or dissolving the CPO. Keep in mind that the court has the final say on CPOs, and they may prioritize your safety and well-being, even if you request a modification.
4. If you haven't already, consider seeking assistance from a victim advocate or a domestic violence support organization. They can help you navigate the legal process, understand your rights, and provide emotional support.
5. While your input as the victim is valuable and should be considered, it's essential to remember that the ultimate decision on how to proceed with the case rests with the DA and the court. They will take your wishes into account but must also consider public safety and the defendant's criminal history, if any.
In summary, you can reach out to the PD, but it's best to inform the DA first. Discuss your questions about modifying the CPO with the DA and consider seeking support from victim advocates as you navigate this process.
A:
This should all be handled by the lawyers...and not you....as a general rule...stay out of it.
In a good percentage of DV cases, the V wants to drop the charges or for the D to get NO TIME.
I think this is because D is the breadwinner AND father of any child in the house.
The DAs are used to getting requests to dismiss/go easy on the D...but that doesn't mean they will do so.
A lot often depends on the past history of the D..............and the severity of the injury.
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.
