to agree to a plea or go to trial

[wantmyrights]

What is the name of your state? CA
I have been sent a notice to appear on 6 counts of violating a restraining order that my ex fiance had put on me. After meeting my public defender I asked if I could read the report so I would know exactly what I am being accused of. My public deffender told me he didnt have enough time to let me read the report.
I then asked the pd "How am I suppose to deffend myself if I dont know what it is Iam trying to defend myself from" He just told me , well basically all he (my ex) is saying is he has seen you within the 100 yrds. all six times. Well I know I havent been within 100 yards. I have never been approached or arressted by any police offiicer with these accusations. I did have a police officer call and leave a messeage at my job to return the call. I called the officer and basically he asked me if I was livinig or going anywhere within 100 yards of my ex s home and I said no. I gave the offiicer my address and that was all.
During my court date my pd said that the DA had offered a plea to take a missdamidor charge and 40 hrs of community service. I just cant see myself self pleading no contest to something I am not guilty of . I asked my Pd again if I could read the report and he gave me another excuess why I couldnt read the report . I told him maybe if I knew the exact time of day that he reported me being there within the 100 yards. I might be able compare it to my work schedule or bank statements to see where i
I was . I turned down the pllea and requested a trial date. Why cant I read the report? I dont understand !! Is this normal or am I gettin screwed by my pd? and when I do go to trial what should I expect ?

 

[calatty]

You have a right to know what the evidence against you is before you enter a plea. If there is confidential information in the police report, your attorney cannot show it to you without removing it first.

 

[stephenk]

so did you get within 100 yards of your ex's home at any time after the RO was issued?

 

[wantmyrights]

no I was not within 100yards thats why i cant agree to the plea but everyone and their mother thinks i should . its bugging me .

 

[wantmyrights]

I just cant belive that my ex can pick up the phone and tell the cops Im near him and automatically im guilty and then i have to prove my self innocoent.

 

[CdwJava]

I just cant belive that my ex can pick up the phone and tell the cops Im near him and automatically im guilty and then i have to prove my self innocoent.

The state has to prove your guilt beyond a reasonable doubt. Unless you have a violent or abusive history, I would think that if you come off sweetness and cream at court you likely have a good chance of instilling reasonable doubt. If it comes down to your word against the protected party's, then it's going to be hard for the state to prove its case.

- Carl

 

[cha0sman]

The state has to prove your guilt beyond a reasonable doubt. Unless you have a violent or abusive history, I would think that if you come off sweetness and cream at court you likely have a good chance of instilling reasonable doubt. If it comes down to your word against the protected party's, then it's going to be hard for the state to prove its case.

- Carl

i agree...dont take the plea...just because the victim says they see you isnt enough proof that you were there...you can request a copy of the police report as it is public record.

 

[CdwJava]

i agree...dont take the plea...just because the victim says they see you isnt enough proof that you were there...you can request a copy of the police report as it is public record.

That's not true in many (maybe most) states. In CA a police report is NOT a public record open to the public and, generally, only the defense counsel would get a chance to obtain a copy of the police report.

- Carl

 

[whitemary]

taking a plea

whitemary Texas i can tell you why that pd wants you to take a plea so he dosen't have to do any work, in fact he will let you sit and stew until you do take a plea when court time comes up and you haven't taken a plea he will have trial post-pone and say its the da's fault the legal system doesn;t like to take things to trial thats why they offer plea's it takes it out of the legal system and if you take a plea YOU CAN NEVER APPEAL IT PERIOD, they do that so any recourse you might have is gone once you take a plea, as for taking a plea whether one is guilty or not many INNOCENT PEOPLE ARE IN PRISON TODAY BECAUSE OF THE SO CALL PLEA BARGAIN, DONT TAKE A PLEA THEY WILL EVENTUALLY DROP CHARGES BECAUSE THEY DON'T HAVE THE TIME to deal with each case espicailly pd they aren't getting paid so they say screw you and do as little as possible as for for the alligations you can petition the court yourself for those they must give it to you, you have a right to full disclosure of your case, as for anyone being able to call and say you were within 100 ft yes if your ex gets a whim she can call every day i urge you not to give up your rights though DON'T TAKE A PLEA GUILTY OR NOT MAKE THE SYSTEM WORK

 

[wantmyrights]

Thanks For Everyones Input but read on !! please let me know what u think

Well I broke my foot so my case has been countinued. Anyways, so now that the courts know im asking to take this to trial, even tho I dont have all the details for each of the violations, BUT I do know the dates of each of the 6 violations.
Okay , so now by requesting to go to trial i understand that I have a right to supbena witness or documents . so I asked my pd about this and he really wasnt much help . I m asking him to subpena a friend of mine that I rememberd being with on one of the dates. Its hard to remember exactly what I was doing on these dates being it was approx. 10 months ago.
Anyways I have another question . Well ,let me explain something else first, my ex actually has another currently active restraining order on another women he was with before me. My ex broke her jaw and was charged for domestic violance abuse and was required to attenedd the anger managment \ domestic violance classes. OK ,NOW MY QUESTION IS: would I be able to have this information subpena on him to show the courts his stupid EGO MANIAC patterns here OR is any of this information going to be irrleavent in court?
Thank You for your time ...

 

[stephenk]

"Its hard to remember exactly what I was doing on these dates being it was approx. 10 months ago."

It shouldn't be that hard to remember. Don't you have a regular daily routine - work, hobbies, church, etc? What time are the violations? that should tell you whether you were at work, home, vacation, hair salon, etc.

 

[wantmyrights]

pd wont give me the information

Like I said, my pd will not give me the information about what times these "violations" happened so I dont know what to do !!!