Expert: Robin Sexton - 5/29/2008

Question
QUESTION: with these being misdemeanors, do you have any idea of what type of sentencing i could recv. i am not guilty, therefore i will be pleaing not guilty. yet i can not afford an attorney. i am a single mother of 4 and expecting my 5th which is due on July 26,2008. i simply went to pick up my kids from my estranged husbands house and his girlfriend called the cops on me, this is just bad blood, she has not liked me

ANSWER: Maria,

First you should be eligible for court appointed attorney.  Normally in misdemeanor cases jail is not warranted unless there is extensive history and other factors.  Fines, cost and probation are the norm.  These custody issued are filled with these types of risks.  If this is going to be a recurring problem I would try two things.  One bring someone with you to observe either with you or in an accompanying vehicle.  Secondly arrange a public place where parties can meet to avoid these type of confrontations and provide witnesses to the events.

Good Luck


Robin

---------- FOLLOW-UP ----------

QUESTION: thank you. now seems crazy that just a few minutes ago, his girlfriend called me and asked if there was anyway that she could drop the charges, she stated she was leaving to texas, it was all his idea and doing, so we called the district attorneys office and they told her she needed to come in to do paper work, however she is leaving the state today, she was just waiting on the bus to pick her up. they took her statement, noted it, and got her contact info. what should i do on the date of my court? i am pleaing not guilty. do you think they will just drop it all together?

Answer
Maria,

Appear in court unless directed otherwise by the court.  Once there if the complaining witness ( the victim) isn't there or available they won't have much of a case.  If no witnesses are available the case would be dropped.

Good luck


Robin