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Wrongfully charged and plead no contest to avoid a harsher sentence Domestic Violence & Civil Orders

Discussion in 'Criminal Charges' started by [email protected] com, Apr 2, 2019.

  1. Mikenk408@gmail com

    [email protected] com Law Topic Starter New Member

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    Jurisdiction:
    California
    If I have been wrongfully accused of battery and as a restraining order was issued and violated to no fault of my own but can prove my innocence of the battery, does the resulting restraining order violation get dropped.
    To make a long story short, I was accused of a battery. My ex girlfriend and I got into an arguement and I not literally threw her out of my car. While I was getting her bags off my roof I noticed she was in the car going for my phone. I put my leg up to block her path so she couldn't steal it and she ran thru my leg. In all the chaos I lost track of the phone. Finished taking her stuff from my car and left her there and drove away. I was later detained because there was an affidavit and I was wanted for questioning. The investigating officer was called and came out to where I was being held. I was then questioned by the investigating officer, the same officer who she talked with apparently. I told him what had happened. That I was removing her stuff from my car and she went to steal my phone and I put my leg up to block her from taking my phone. He still placed me under arrest. And I was charged with battery. I was then placed on SOR and the judge issued a restraining order. Three weeks later I'm parked in a parking lot I usually park at with all my stuff out of my car cleaning it out and she shows up. When I see her I know it's time to bail, at this point it's still a mystery where my phone went so I dont have a phone and due to prior instances of her lighting my things on fire I wasn't going to just walk away from my stuff.. I live in my car at the moment so it's all I own. So I'm packing my things in the car and out of nowhere the police show up??? Say there was a noise complaint??? When I hadn't made a peep. They arrest me for violating the restraining order. So I go to court and my public defender tells me that if I plea guilty or no contest to the battery that they will drop the restraining order violation. Then he says its 12 months tops if I dont take the deal like that's what I was going to get, sort of pushing me into taking the deal. So i do... after i accept the deal is the first time i see the police report and what i saw AMAZED ME. GET THIS, In the report the officer said that when he was on scene at initial contact with my ex SHE TOLD HIM SHE TOOK MY PHONE AND THREW IT ON THE ROOF OF MY STORAGE. IN THE REPORT IT THEN SAYS HE RETRIEVED THE PHONE AND WAS GOING TO BOOK IT INTO EVIDENCE AND TRY TO GET A WARRANT TO SEARCH IT?? WTF. And when he questioned me I told him I put my leg up to block her from stealing my phone and he never even mentioned to me that he had already recovered my stolen phone??? I'm pretty sure that I have the right to defend myself and my property if I feel it's in danger and I'm pretty sure I was well within my rights putting my leg up. She had no red Mark's no bruises no anything but even after telling the officer I was defending my belongings and him knowing it was true because he said he retrieved my phone from the roof he still arrested me and impounded my car. So my question is this. I want to withdraw my plea. My lawyer never mentioned the officer knowing and having already retrieved my phone and there wasn't any way to prove I was acting well within my rights in self defense until after I accepted the plea deal and got the report. So if I withdraw my plea and can and do prove my innocence will I still be charged with violating the restraining order even when she herself told the cops who arrested me that I was already there and she showed up and I was trying to leave when they came? Furthermore do I have any type of civil case against the officer who placed me under arrest for knowing I was defending my property and arresting me anyways. I spent nearly 10 days in jail, had to pay almost 600 bucks to get my car out of impound, and it's been a headache. Now I have 52 weeks anger management, community service and all kinds of money I have to pay to the department of revenue because of the officers negligence. Please help.
     
  2. army judge

    army judge Super Moderator

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    Without other details, YES, the restraining order COULD be withdrawn.

    However, if that is the result you desire, you are better served by speaking with several "domestic relations" attorneys near you.

    The internet will be of little value you towards seeking the outcome you desire.

    In the meantime, stay at least 2 miles away from the other party (more if the order mandates it) and never contact the other party in any manner or form.


    As I suggested WITHOUT reading all of that MISSIVE you posted, speak to licensed CA attorneys about changing the result of your predicament.

    At this point I doubt anything will be changed, unless you violate the order, fail to pay the monies assessed, and/or fail to complete the classes as mandated by the judge.

    Good luck, mate.
     
  3. mightymoose

    mightymoose Moderator

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    No. This is totally separate. Perhaps there are circumstances that might mitigate the violation, but it was a valid order regardless of the end result of the original battery charge.
    You would not likely have been arrested unless she had some degree of injury. You don't describe any injury, so something is amiss.

    The violation of the restraining order seems weak... At least as you describe it. If you engaged with her in any way you violated the order. It was ok that you were there first, but your interaction is what matters here. It seems details are missing.

    As far as defending your property, there really is no such thing. You may protect yourself in self defense, but use of force to protect property will get you in trouble.

    It seems to me, based on what you have provided, the case against you is weak. A no contest plea is essentially a guilty plea. It may be to too late for you to withdraw that plea. This should have been clearly explained in court when you agreed to the plea.

    For what it's worth, your cell phone is totally irrelevant to the entire matter.
     
  4. Mikenk408@gmail com

    [email protected] com Law Topic Starter New Member

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