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  1. #1
    Join Date
    Oct 2005
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    Los Angeles
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    Default False Accusation of Stalking

    My boyfriend is in jail, falsely accused by an ex-girlfriend of stalking her. She is very vindictive. She claims that he's been stalking her for a year. She just filed the complaint. He didn't want her back. She wanted to get back with him while we've been together now for almost a year. When he told her that we were getting married, the shit hit the fan! He's sitting in County Jail now. He's got a public defender, but what kind of a job will this pd do? The problem is: he is a two-time felon. I'm afraid that this will keep him in there for good if he doesn't get a good criminal defense lawyer, even though he hasn't done anything! What can I do to be proactive?

  2. #2
    Join Date
    Sep 2005
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    California
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    Default

    The only thing you can do is help raise money for another attorney if he is not satisfied with the PD he has. However, the PD likely has more knowledge and experience in the local court system than any attorney you'll be able to afford.

    If it is only her word that he has been stalking her, chances are he wouldn't be in jail right now. Its likely that something has occurred that support her claims. And if there is a restraining order in place, it is likely he has been arrested on that violation as opposed to stalking.



    - Carl

  3. #3
    Join Date
    Oct 2005
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    Los Angeles
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    Default

    Thank you cdwjava for responding.

    He has never stalked her. I am with him 90% of the time. What did he tell me: "I'm too lazy to be a stalker, and the prices of gas for his old truck would wipe out what money he does make". There is no restraining order. I don't understand how they would take her word over his (I guess because he's a felon and Black) and she is blonde-haired, blue-eyed, and is a paralegal for a law firm in Century City.

    What else can I do? People are telling me that the PD's not going to fight for him.

  4. #4
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    Sep 2005
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    California
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    Default

    Quote Quoting daisygirl
    What else can I do? People are telling me that the PD's not going to fight for him.
    That is a common misperception. PDs generally aren't involved in courtroom theatrics, and they often engage in plea agreements because these TEND to be in the best interest of the client. For some reason people seem to think an attorney isn't good if he isn't jumping up and down on a table or getting in people's faces. PDs tend to be a little more realistic (because they aren't billing by the hour and thus cannot afford to pull shenanigans and file motions left and right) and tend not to engage in hopeless delays and costly battles.

    However, this does not mean that they won't fight when the facts warrant it. If she is making up the allegations, then it is very likely that she will give days and times of occurrence for which he can obtain an alibi. But these decisions are between the attorney and the defendant.

    - Carl

  5. #5
    Join Date
    Oct 2005
    Location
    Los Angeles
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    Default Re: Falsely Accused

    So I should get off the idea that not all PDs are non-proactive.

    I have been a wreck since this happened. His court date is next week. He seems pretty confident that they'll let him out. But this girl is extremely vindictive since she had wanted him to marry her when they were together (and at the time he said marrying was out of the question). And now he's marrying me! Her whole motive is: well, if he won't be with me. Then he can't be with her. Ever! The 3-strike law is very 'open' for anything. I remember when this man was a 2-time felon, and they threw away the key just for shoplifting! Should I let my boyfriend decide whether or not the PD is 'working' for him? I mean, only he will know.

  6. #6
    Join Date
    Sep 2005
    Location
    California
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    Default

    Stalking is a felony in CA. If convicted, and he has two pre-requisite felonies, he COULD be charged with a third strike. Possessing a potential strike entry, and having it used against you, are two different matters.

    And he is in the best position to determine how well his attorney is working in his best interests. He may be reluctant to pass on ALL the details of the conversation with his attorney, and, in fact, he would be wise to not relate to you ANYTHING about this woman or his feelings toward her. That's because YOU can be called as a state witness against him! You are not married to him and as such there would be no spousal privelege, and you could be called to testify against him.

    This is best left between him and his attorney - whomever it might be.

    - Carl

  7. #7
    Join Date
    Oct 2005
    Location
    Los Angeles
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    Default Re: Falsely Accused

    You're right. It will be up to him and his attorney.

    Thank you for your time.

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