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Should I go to court or go to his Public defender or contact the D. A & tell her I lied when I was doing the report ???
Anonymous2 views8 answers
I have no idea how to start... My husband is currently in Southwest which is in Riverside County... I pressed charges against him back in May 2013 the charges I put against him were domestic violence which is true but I also accused him of kidnapping and now that is not true... Due to the fact this is not his 1st case of kidnapping I knew I would harm him I was very angry at the time but now I just want to put this behind proceed with our divorce... I am aware that I can get punished for this & I am owning up to it... What can you advice me??? If I could upload an attachment it would be perfect because I can show you exactly what the charges are because besides the 2 I mentioned the is pc 667.5 (b) then under that again 667.5 (b) x4
Before you do anything, you should consult with a criminal defense attorney as you will be admitting to a crime. It's entirely possible that the DA continue with charges against your husband regardless of your admission and charge you as well.
First, stop making admissions on a public forum. Second, what does "now" the kidnapping charges are not true even mean? (save the answer for a lawyer in a private consultation, don't answer here). You should consult a criminal attorney ASAP. He or she can advise you on how best to "do the right thing" while protecting your rights as best can be done to minimize or eliminate any potential exposure you will face. Contacting the DA by yourself in these circumstances is ill-advised. Consult a California criminal defense lawyer ASAP.
It is very common in domestic violence cases for the victim to recant. So much so that the DA is unlikely to believe your new version of events. You wil, or should, have an attorney to represent you, and advise you as to how to proceed at this point. The two code sections you cite are for prison priors. What you allude to is a prior kidnapping, which is a strike. Again, you should consult with a criminal defense attorney to advise you as to your rights and liailities.
The best thing you can do at this point is contact a criminal defense attorney to assist you. Many of us here on provide a free consultation, so make some calls.
There is no upside for punishing you if your current story is true. Prosecutors typically have a policy not to charge those who recant because such charges are unjust since it can cause innocent people to remain in jail. If everyone that provided inaccurate and misleading information is charged with a crime then no one would recant. However, if you have discussed this with your husband during a jail visit or over the phone, you can rest assure that the prosecution already believes that you are coming. Jail visits and phone calls are taped and listened to so if there was any discussion of this then it looks like a conspiracy so you may be charged and the husband can be charged with more crimes. You could benefit from meeting with an attorney to discuss further. Even if you decide not to hire the attorney the consultation with him or her could help you to understand the issues and your options. Many attorneys offer a free consultation. I wish you the best.
Definitely get the help of someone familiar with this type of situation. Riverside County will likely continue the case against your husband.
An attorney can advise you whether to take the 5th if and when you're called to testify. The DA may choose to grant you immunity.
There are numerous things that could occur. Get help before you act.
Good luck.
Your tale of woe is convoluted at best and your husband appears to have a serious and lengthy criminal history. The best thing to do for him and for yourself is to retain a skilled and experienced criminal defense attorney at once.
This is a public forum that can be read by anyone. Therefore, you need to be very careful not to incriminate yourself. Victims of domestic violence often change their story and most DA's are not likely to believe your revised version of what happened. Highly recommend you spend some time on the phone consulting with a local criminal defense attorney. Most law firms will not charge you a fee for consultation and you can just use the "find a lawyer" tab here on to locate a few. You need experienced guidance at this point. Best of luck.
