What can I do with a failure to comply charge?

Back in April me and my ex girlfriend broke up. She said I was harassing though communications. I was charged with that and found guilty. Now I got a letter saying I was failing to comply and issued a summons to appear in court. Because I guess she said she had probable cause. How can I prove I didn't contact her? If she knew my password to my stuff online can I get that dismissed. It is also my first offense, Also am I looking at any jail time or another fine? I Haven't even called her or texted her since April.

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Answered By: Law Office of Martina Vigil

There are many ways to show you have been in compliance with a court order. One way is to produce telephone records or Facebook print outs to prove you have not contacted her.

Answer Applies to: California
Replied: 12/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Tracey S. Sang

First, you should get an attorney. You can get the Public Defender if you can't afford an attorney. Then all you can do is fight the case - you are entitled to the "discovery" which is the evidence the she plans to use against you. There should be no surprises, that way you can prepare your defense. If you lose, penalties can vary. Jail time is doubtful unless your behavior was very egregious. Sounds like a restraining order may be in order.

Answer Applies to: California
Replied: 12/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of George Woodworth & Associates

If you haven't contacted her at all since April, get a good attorney to gather your evidence together and go beat her with the facts in Court. Don't fail to go talk to the Judge about this as that will only make it worse.

Answer Applies to: California
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Daniel K Martin

Just for clarification, if you were found in contempt for the first offense and now it has been alleged that you are in contempt again then it would not be your first offense it would be your second offense. Fortunately you do not have to prove that you are innocent there must be sufficient evidence to convince the judge that you were in contempt.

Answer Applies to: California
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Hammerschmidt Broughton Law

The simple but sound answer is that you need to see a good criminal defense attorney. It may be that there are new charges filed, or the notice is for an alleged violation of probation. Either way (or both), you should have an attorney help you. There really is insufficient information here to give you a more specific answer.

Answer Applies to: California
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Jeff Yeh

You face a potential violation of probation. The burden for the prosecutor is very low, because you're on probation. In other words, it doesn't take much to violate you. My advice is hire an attorney to go to court to do a PV hearing. If you go by yourself you are toast.

Answer Applies to: California
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Harry E. Hudson, Jr.

Hire an attorney. Make them prove the case. Give him or her authority to retrieve your telephone and e-mail records.

Answer Applies to: California
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.