Q: misdemeanor domestic violence charged on probation
I am on probation for 3 years for grand theft. I am about 1 year and a half into it. I have situation where I was under the influence of alcohol and got into a heated argument with my girlfriend. At one point I reached out for her phone almost as if I slapped her hands but I didn't access to her phone. At that point police were called. I was taken to the hospital and then detained. I was detained for a day and a half then I was about to get released. Now I have a court day to appeared on Oct. 10. My girlfriend doesn't want to presume any charges. What will happen now?
Also I wanna state we have been in arguments where she has gotten very physical with me. After every thing me and my girlfriend want to continue our relationship.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In your situation, even if your girlfriend does not want to press charges, domestic violence cases in California are often pursued by the prosecutor regardless of the victim's wishes. Since you were already on probation, this new charge could be seen as a violation of your probation terms. It's possible that the court may take this into account when determining your next steps.
On your court date, the judge will likely review the police report and any other evidence available. If they determine there is enough evidence to move forward, you could face penalties related to both the new domestic violence charge and a potential probation violation. Depending on the circumstances, this could result in additional penalties, including extended probation, mandatory counseling, or even jail time.
It’s important to take this matter seriously and prepare for your court appearance. You should consider seeking legal advice to better understand your options and prepare for your defense, especially with the probation violation on the table.
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.
