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How to get vandalism charge dropped and avoid potential domestic charges?

Thousand Oaks, CA |

My girlfriend and I got into an argument over our child. She is a type 1 diabetic and was going to drive off with our child in an altered mental state due to blood sugar. I slashed one of her tires to avoid any potential auto accidents. She had me arrested for misdemeanor vandalism. Since release, I bought new tire, and now she wants to drop charges and filed a no prosecution desired. My court date is not for 2 more months and the DA still hasn't filed anything in 4 days.

Attorney Answers 4

Posted

The DA has all the way up to the arraignment date to file charges against you. They may not have because they haven't looked at the recommendation yet or simply just haven't gotten around to it. Contacting a defense attorney to appear in your matter is the best thing you can do. They can, and often times do, still charge even if your gf requests them to drop charges. You have to prepare for the worst.

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Posted

You should talk to a criminal defense attorney to get some information. Most attorneys offer free initial consultations.

The information and legal suggestions made herein do not in any way create an attorney-client relationship. The responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.

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Posted

First off- please realize this is a public forum and take care with what you are actually admitting to doing. With that said, domestic situations "evolve" more after the offense then any other type of crime and understandably so. If you have two months before this matter goes to court, your girlfriend may, if she chooses, contact the Ventura County District Attorney's office and request that the matter not proceed by fillin out a "request for a dismissal." This is not dispositive but will be considered by the DA's office in determining the need to go forward with the prosecution.

With that said, you should consider contacting an attorney in the near future so that he/she may contact the DA directly and present evidence related to your claim that you were attempting to protect your child. Do not rely on the officers to have accurately documented that portion of the incident in their reports as it may be relevant to your case.

Good luck with this!

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Posted

Getting an attorney and being proactive is the best thing you can do to hopefully achieve the results you desire- especially in Ventura. You need an attorney- as discussed- to hopefully avoid any charges from being filed. The case will not be filed for a long time in Ventura because of the back log. Get an attorney Now!

Andrew Roberts
(805) 496-7777

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1 comment

Kevin Samuel Sullivan

Kevin Samuel Sullivan

Posted

talk to a local criminal defense attorney to evaluate the case and possible deferred entry of judgment type of plea or other resolution such as civil compromise.

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