Victims Rights Lawyer

[PayrollHRGuy]

Yes! Over and over again! He left 32 voicemails threatening to kill our son and me and each one of those messages were violations of the RO! He called a total of 109 times and each call was a violation!

And you reported the 109 violations?

 

[KarenRas]

All i want is for him to be in custody awaiting trial and not out walking the streets. I assumed that the no cite warrants for his arrest would take care of that but he was cited out and released WITH NO COURTDATE GIVEN TO HIM! Ive been told over and over that he shouldnt have been released without a courtdate being given to him but so far no courtdate is listed and now with all of this virus thing goin on i highly doubt that one will be set.

 

[KarenRas]

And you reported the 109 violations?

Yes! If you have read everything here you would see that that's why he has been charged with criminal threats as well as violating the RO.

 

[PayrollHRGuy]

All i want is for him to be in custody awaiting trial and not out walking the streets. I assumed that the no cite warrants for his arrest would take care of that but he was cited out and released WITH NO COURTDATE GIVEN TO HIM! Ive been told over and over that he shouldnt have been released without a courtdate being given to him but so far no courtdate is listed and now with all of this virus thing goin on i highly doubt that one will be set.

You don't get to make that decision. The state does. It is that simple. If he further violates the order continue to report him.

Yes! If you have read everything here you would see that that's why he has been charged with criminal threats as well as violating the RO.

Since you have abandoned this thread for almost two months you are going to have to forgive us for not remembering everything you wrote.

 

[CdwJava]

Ok so, first of all, my choice of men is not really the issue here. I do now and have had several RO's against my ex including a couple of CPO's.

You say you have had "several" ROs - including CPOs - against him. Why "several"? Why were previous ones dropped? Did you ask for them to be dropped? Or, did you permit them to be violated in some way? Since they have typical expiration dates of three years, they don't just disappear on their own unless that time has passed.

The DA's office has decided to press charges against my ex for criminal threats and there were 3 no cite warrants for his arrest but no attempt by authorities was made to locate him since he is homeless even though he is on parole.

Well, if they can't locate him, they can't locate him. That's the problem of not having an address. It is also important to note that the police do not generally have warrant task forces that go out and hunt down fugitives ... unless you are in a very large jurisdiction and the fugitive is wanted for something like murder. Most wanted felons - even violent felons - are discovered on more innocuous things like traffic stops or other low level enforcement contacts.

A friend of mine saw him in a parking lot behind a local grocery store and notified me so i notified the PD who went and questioned him. My frnd watched from across the parking lot as the police spoke to him, made a phone call, cuffed him, put him in the squad car and left with him. Assuming that they were taking him to jail. I checked repeatedly that day to see if he was in custody and found that he was not but that the warrants had disappeared from the online search site. I called the jail late that evening and was told that he was not in custody. I called my advocate the next morning and was told that the warrants were still active in his computer system but that there was no record of him being arrested. He said that the arrest must not have hit the system yet but that he was definitely not in custody. I called PD who informed me that they had cited him out and dropped him off at the hospital in town because he was complaining about his leg that had been injured when he was hit by a car months earlier. The officers must have just dropped him off and left without making sure he went in because he had been kicked out and told never to return to that hospital a week earlier after being caught smoking weed in his hospital room. I was told that he should have been given a courtdate but none have ever shown up in the court dockets.

The law and agency policy requires that they provide medical attention to an arrestee who complains of a medical issue. Most agencies lack the resources to babysit a prisoner while he is at the hospital, nor do they have the resources to sit on him if he is admitted to treatment and there for days or weeks. Further, the resulting hospitalization could land squarely on the arresting agency in such a case.

If he was "cited out" that would mean that the warrants were NOT felonies, they were misdemeanors. We cannot cite out felonies. So, they were either NOT for "Criminal threats" (a felony pursuant to PC 422), or the offenses had been dropped to a misdemeanor for some reason. It IS possible that the was released pursuant to PC 849(b), but, I have long held that the section does not apply to warrant releases or to situations where the circumstances are inconvenient, but, many agencies still permit it. Chances are, if these were felonies and there is no pending court date, they simply released him to his own devices and encouraged him to get checked out. They can't force him to get treated or to check himself in, and he probably lingered long enough to wait for the cops to leave.

To this moment i can no longer find his warrants or any courtdates for him and now with the courts closed i dont know what to do. So, yes, i have followed protocol. Ive asked for and was granted the TRO. Charges were filed by the DA's office but other than that nothing has been done. I am doing and have been doing everything i can to keep my son and myself safe. My choice of men, i agree, has been unfortunate i agree, but the only one who has abused me and threatened my son's life is his father. He left voicemail messages saying so. Ive done my part.

It sounds as if you have done your part. But, paying an attorney would be pointless because he or she could not do any more than you could. I would recommend that you report each and every breach of the TRO (such as phone calls, if they are a violation) to the police as they happen. KEEP reporting them. Also work with a victim-witness advocate, or a domestic violence counselor or advocate. Victm services are present in every count. Sometimes they are based out of the court, sometimes with the local DA's office. You'll have to check with your county as to where they are if you have not already worked with them.

Good luck.

 

[CdwJava]

All i want is for him to be in custody awaiting trial and not out walking the streets. I assumed that the no cite warrants for his arrest would take care of that but he was cited out and released WITH NO COURTDATE GIVEN TO HIM! Ive been told over and over that he shouldnt have been released without a courtdate being given to him but so far no courtdate is listed and now with all of this virus thing goin on i highly doubt that one will be set.

If he is arrested today, he could be released on a reduced bail. While the Judicial Council of CA has set a $0 bail, the felony offense of Criminal Threats per PC 422 is exempt. However, that does not mean that the bail will not be lowered a great deal, anyway. Counties have leeway on the remaining bail amounts excluded from the executive order.

You can inquire with the police department that arrested him as to what happened, and maybe speak to the DA's office. There could be a number of reasonable explanations, not the least of which is the lack of staff working from the assorted offices given the COVID-19 situation.