I was a victim of domestic battery. Filed a police report & they took photos of my bruises. The city attorney has picked up the case as a misdemeanor 242-243(e)1. The arraingment has been set up, however they did not tack on the kidnapping charges (as I was not allowed to leave nor make calls). The city attorney has not returned my phone calls and I am concerned that the defendent will only be charged with the 242-243(e)1 and have it dropped to a 242 which results as a slap on the wrist in my eyes. He has a history of DV but none was ever filed so it is here say. He has a wrap sheet (possession, vandalism, prop 36 completion) and is not a citizen of the US, so any severe sentencing is encouraged. The drugs he did that night do not come to play because I filed the report at the station
Ive spoken to the victim advocate and she has told me to sit back and let the justice system run it's course. The City attorney says the detective forgot to incl false imprisonment and sees no reason to amend the 242/243(e)1 unless the attacker pleads not guilty, then he can amend it then. Now what can I do?
As a former DA who handled these types of cases, the first piece of advice I would tell you is to call the Los Angeles County City Attorney and get a victim advocate. The victim advocate will be able to keep you updated on the developments in the case and will know what the status of the case is. Often times you can make an appointment to meet with the victim advocate, investigator and prosecutor assigned to the case. This helps in that you are able to make sure all the facts are discovered. The City Attorney can only go forward on a case where they have the evidence to prove beyond a reasonable doubt, so the ultimate decision of how to prosecute the case lies with them. I hope justice is served in your case and that you contact a victim advocate at the City Attorney's Office.
DUI / DWI Attorney
If your attacker is not a citizen, the City Attorney may not be filing the false imprisonment/kidnapping charges because if he were to plea to them they do not have the disasterous immigration consequences that a plea to 242 or 243(e)(1) would have.
If he were to plead to false imprisonment w/o violence or fraud that would not be considered an aggravated felony. Anything in the assault -- battery section of the penal code would certainly be.
Edward J. Blum