California DV Assault 243 E1 and 594

[farandback]

My question involves criminal law for the state of: California

Brief explanation of what happened prior to arrest:
My brother and his organized a party for my B-day. He had to much to drink and was bothered by wife's behavior. Around midnight, as only 4 stayed, and everyone left, their son (4 y/o) got up from bed. My brother, severely drunk wanted to put him to bed, and as his wife insisted that she does it instead, they got into an argument in the son's room. My brother closed the doors, with 3 of them inside, pushed the wife on the doors 2x, and threw her on the bed. She ran and opened the doors and slided her cell phone to call the police. She said that she is about to call 911 and he took the phone away from her, threw it and it stopped working. In anger he ripped their son's keyboard, and ran out of the room, saying he is about to kick everyone out, which he did. His wife asked for someone to give her the phone to call 911, but his friends refused. She took their and ran out to call the police from neighbours house. He was removed from the house on 24hr period, but someone knocked on his wife's doors shortly and she called the police again. They came back and assured her that he was not there. Then the girl that was in the house with other 3 friends of that night before the incident, said to the police my brother said he will kill his wife when he comes back in the morning. Anyhow, the wife was given ERO and he was arrested shortly after. He got out on bail.
The copy of the police report says he was arrested for 243E1 and 594, and the final case classification is Assault.
The wife filled and got PRO, and they went through hearing where the judge gave wife full custody and supervised visitation for my brother and 5yrs RO.

Now, he seeked a lawyer through one of those promotional in-mail letters, and got ripped of $1100 for statement attached to the answer to RO,where he was advised to deny everything. The Family Law judge saw right through it and made her decision.

He was told by an attorney that he can get felony charges, and minimum 3 months to 1 year in Federal Prison. The same attorney advised him to freely charge their joint credit card saying " it is better if you give the money to me than to her". My brother now wants to go to the court by himself.

I do acknoledge that he is guily, but I do not want him to endup in Fed Prison, nor does his wife since I spoke to her. What can he do? I just want him to avoid Federal Prison, and he is fine with any kind of other charge.

The attorney he saw was pressing him to plea not guilty and take his wife to court. Anyhow he does not want to do this, he is just trying to avoid Felony charge, and not contest what happened. Some of my logical suggestions would be:
- call the DA and the court to find out what is the procedure for assault charge
- call the Public Defender's office and get some information on options if he pleads guilty, not guilty or no contest?
- maybe enroll in anger managment and AA classes prior to hearing? he is currently attending Batterer class, just to show the judge some physical evidence that he wants to change

Are these suggestions resonable? Additional info: My brother was charged with misdemeanor in the past and was in Prop 36 program with 3 yrs probation. Please, what are his options and where should he begin? He has the court hearing in 2.5 weeks. He would go with anything to avoid Federal Prison.

What are his realistic options?

[Mr. Knowitall]

If he has a fee dispute with his former lawyer, or thinks the lawyer acted unethically, he can try addressing it through the state bar.

You appear to be stating that he's charged with domestic battery (diversion possible; possible punishment including up to 1 year in jail), and also with maliciously destroying property (generally punishable by up to one year of incarceration). For his criminal charges, he should retain a criminal defense lawyer or see if he qualifies for a court-appointed lawyer.

From what you've said he's not federally charged, so why do you think he could go to federal prison? Is there something you haven't told us?

[aardvarc]

Federal prison being practically a vacation oasis in comparison to a state prison, which is much more likely given the potential charges.

[farandback]

The attorney, actually, the agreement said these people are not even attorneys but advisors told him that he might end up in Federal prison. These people charged him $1100 on the credit card over the phone and now sent him agreement to sign, without explaining to him that they will there and then withdraw the money and send him contract later. He does not want to sign the contract. By the way these horrible lawyers are famous in some of the review website to take the money and do nothing.

What happens if he pleads guilty or no contest, versus not guilty? He called the DA and the court but both said they still have no information on the case,and to call at the later time. Public Defender said that they get hired only after he shows up in court the first time. I heard that one can talk to the DA and get a plea bargain? How does this work.