If you face felony charges for domestic violence
in the Orange County courts then you have the right to a preliminary hearing.
The right to a preliminary hearing means that you are entitled to a host of
rights concerning that hearing, not the least of which is effective assistance
of an Orange
County Domestic Violence Lawyer. You
have the right to a lawyer of your own choice and if you tell the judge that you
want to be represented by a particular Domestic Violence
Lawyer in Orange County, then the judge will order the bailiff to contact
the criminal defense lawyer of
your choice forthwith. However, if you cannot afford an attorney, you no longer
have the right to choose which lawyer represents you, but you still have the
right to be represented by a criminal defense lawyer and the court will appoint
one at no cost to you. If you decide that you want to represent yourself at the
domestic violence preliminary hearing—which is almost always a bad idea—the
judge MUST respect that right too.
At the domestic violence preliminary hearing you also have
the right to a court-appointed interpreter if English is not your primary
language. If you are in custody on charges of domestic battery,
corporal injury,
criminal threats
or child endangerment,
you still have the right to be present at the preliminary hearing. If, however,
you are out of custody and fail to show up for the preliminary hearing, the
judge can find that you waived your right to be present and the preliminary
hearing can go forward without you. The District Attorney MUST provide all
exculpatory and relevant evidence in their possession to your domestic violence lawyers.
If the DA fails to do so your criminal defense attorney can file a common law
motion to dismiss.
Once the domestic violence preliminary hearing is over, you have the right
to a transcript of that proceeding at no cost. The transcript must be made
available 10 days after the hearing. Your Orange County domestic violence attorney has the right to
cross-examine ALL witnesses that testify at that hearing. However,
cross-examination is limited to questions relevant to establishing an
affirmative defense, negating an element of the crime, or impeachment of the
witness. Moreover, any witness your defense lawyer calls must give testimony
relating to those three topics. You also have the right to sit at counsel table
during that hearing without being shackled. In order to shackle a defendant at
a domestic violence preliminary hearing the DA must make a showing of need.
If you face charges for domestic violence in Orange County
and would like to consult with an experienced domestic violence lawyer, call
the Law Offices of EJ Stopyro at (949)-559-5500. The telephonic
consultation is free and confidential. Or visit our website at www.EJEsquire.com.
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