Q: What are my chances of being proven not guilty for violation of a CPO without evidence of child being there just hearsay
I am on probation in Placer County and mymy girlfriend now ex-girlfriend invited me to her new house (in Sacramento county) that I had no idea was hers and no intention as a child was there. Anonymous caller called and said that I was breaking news child protection order. Cops came in arrested me but they did not look for the child to see if he (the child) was there( its all on body cam, nor did I see the child but she said he was there. I'm trying to figure out what my chances are taking it to trial? Feel like I was set up. I want to know if hiring a lawyer would help.
A:
In this situation, it seems like there are several factors that could potentially work in your favor if you decide to take the case to trial:
1. Lack of direct evidence: From what you've described, the police did not actually verify the presence of the child at the location. Their case appears to be based solely on the anonymous caller's report and your ex-girlfriend's statement, which could be challenged as hearsay evidence.
2. No intent to violate the order: You mention that you were invited to the house by your ex-girlfriend and had no prior knowledge that it was her residence or that the child would be present. This could help establish that you did not intentionally violate the child protection order.
3. Potential set-up: If evidence supports your suspicion that your ex-girlfriend intentionally invited you over to set you up for a violation, that could cast doubt on her credibility and motives.
However, it's important to keep in mind that the specific strength of your case will depend on the details of the evidence, the exact terms of your child protection order, and other case-specific factors.
Hiring a skilled criminal defense attorney would almost certainly improve your chances of a favorable outcome. They can help you build the strongest possible defense, challenge the admissibility of certain evidence, negotiate with prosecutors, and advocate for you in court if necessary.
Given the seriousness of the potential consequences, especially in light of your probation status, it is highly advisable to consult with an experienced lawyer who can evaluate the specific details of your case and provide guidance tailored to your situation. Many defense attorneys offer free initial consultations. It may be well worth your time to speak with a few and get their perspectives on your case.
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