Felony Stalking and Harassment Trial

[tnt808]

What is the name of your state (only U.S. law)? California

I have jury trial this month as the victim. My ex husband and I have been apart for two years. He has a history of domestic violence and currently three restraining orders. One set in place through the District Attorneys office. He has not left me alone for two years, calling, threatening myself and new boyfriend, coming to my work, filing false child abuse charges. etc. He also has been trainig for the last year to be a mixed martial cage fighter, which I feel makes him more threatening.


What should I expect from jury trial and what sort of outcome is possible?

 

[xylene]

What should I expect from jury trial and what sort of outcome is possible?

You should be prepared to testify truthfully if called by either the prosecution or defense.

You should be prepared to do this in open court - ie facing your ex husband

You should be prepared for a verdict, which may be guilty or not guilty. have a plan for either contingency. Your ex is not going to get life for this.

you should be prepared for the court / prosecutor to accept a plea bargain. This may not involve jail time. be prepared for this.

 

[tnt808]

I have already testified at the Prelim. Is jail time likely?

 

[CdwJava]

Jail time is possible, whether it is likely or not is hard to say. If he has no priors, I'd say the odds of any jail time beyond a few months is not too likely. But, a continued Criminal Protective Order, probation, and anger management courses are almost certainly on the table and very likely.

- Carl

 

[tnt808]

He does have priors for domestic violence and assault on a police officer. He is already on probation and was ordered to anger management for the original harassment. These felony charges are from the continued harassment. There is also a CLETS order on top of two other orders.

 

[Alex23]

Buy two tazers. (Sometimes you miss with the first shot).

 

[CdwJava]

He does have priors for domestic violence and assault on a police officer. He is already on probation and was ordered to anger management for the original harassment. These felony charges are from the continued harassment. There is also a CLETS order on top of two other orders.

I don't know how there could be three orders unless someone else has a civil harassment order (aka a temporary restraining order, or, TRO) in addition to the Criminal Protective Order issued by the court and the Temporary Restraining Order already sought by the victim (at least I assume that at least one fo the orders was initiated by the victim).

If he has violated both the orders, and his probation, and his probation was for a felony, then he may face some county time of up to 12 months minus time already served, then followed by probation and the aforementioned classes ... again. In my experience, doing the full term is not likely, but possible.

- Carl

 

[xylene]

I have already testified at the Prelim.

That's good if it means you are fortified by the experience and won't be scared to testify at trial.

If you think you won't have to testify in court because you 'already' testified, you are incorrect.