Corral de Tierra, CA Criminal Defense Law Firms & Lawyers | Page 3 Results

There are exceptions to the warrant requirement. Most often either consent or emergency circumstances are used. There are other exceptions as well, it all depends on the facts of the matter. If the police did enter unlawfully, then any evidence they might have discovered can be kept out of court. Consult with an attorney.

Yes. If the officer, or any other material witness does not show up for trial in a misdemeanor case, it must be dismissed for lack of proof. But be cautioned, most of the time the officer does show up. I have had many clients who have turned down a good plea deal banking on the fact that either the cop or a critical witness wouldn't show up to court only to be wrong and suffer the consequences. This actually happened in a special circumstances murder case I had - client turned down an unbelievably good plea offer just before trial, banking on the fact that a critical witness wouldn't show up despite my advise that the cops would find her and bring her in. They did, she testified, and he is now spending the rest of his life in prison. Your case isn't a murder case, obviously, but don't put all your eggs in the cop-won't-show basket and turn down a favorable deal unless you know for certain this will happen.

You are not getting very good advice and obviously understand the situation a whole lot better than your lawyer does. If he gets charged and convicted there goes his job and the support for you and the kids. Unfortunately women have to suck this up all the time. These issues should be raised in the DIVORCE COURT not the criminal court and they should impact on custody and visitation. What possible good will it do you and they kids to have this jerk unemployed - unless you enjoy eating on food stamps and living in a welfare hotel. Tell your lawyer to get a grip. Unfortunately family lawyers don't know much about how the criminal "justice" system works but this is just really stupid advice. It happens all the time. Hubby comes home drunk and knocks the crap out of his wife. Cops are called (sometimes by her, sometimes by the neighbors) and he gets busted. Two days later she is down at the jail with the bail money as she understands that if he doesn't get out of jail and get back to work, she and the kids will suffer more than he will. Absolutely get a divorce; absolutely make his life a living hell in terms of seeing the kids but whatever you do, do NOT get him sent to jail. It might feel good for a minute or two but when the rent is due you will regret this action. Also in the context of the Family Court the judge can require him to take Parenting Classes; do Anger Management classes, etc BEFORE he can spend any time with the kids. God damn but family lawyers are stupid! Good luck.