Criminal Defense in Orange County

COM: Dismissal of Violating a Court Order Charge

This case of the month blog involves the dismissal of a charge of violating a court order. It is important for an attorney to review a case in two different ways. First, was a law violated? Generally, there has been; however, the people may not be able to prove it. We will leave the discussion on this topic until a later time. Second, if a law was violated, is it what we would call de minimis? De minimis is essentially a very small violation.

Although a violation of law is a violation of law, degree is sometimes important. Take a DUI, for example. A DUI with a blood alcohol level of .08 percent is a much more defensible case than a DUI with a blood alcohol level of .15 percent. While a .08 percent DUI is not de minimis, it just might be a better case.

The case in question here involves the violation of court-ordered monitored visitation by the mother. When a person violates a valid court order by allowing unmonitored visitation, the law has been violated. However, if it was just one time and perhaps by accident, is this something which requires a criminal conviction?

The basis of all effective criminal defense work is the proper presentation of a valid defense. With the issues I have discussed above, I needed sufficient time to present these issues to the prosecutor in an unrushed atmosphere. Too many times I have seen attorneys do a poor presentation of a valid defense because they are not only unprepared, but also don't take the requisite time to allow the prosecutor to do a more in-depth review of the facts.

In this case, we were able to present all of the issues to the prosecutor and we received a dismissal. Contact The Law Office of Barney B. Gibbs if you or a loved one has been charged with violating a court order. Put his 30 years of experience and knowledge to work for you.

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