Police didn't document that I was being attacked. Instead they want to charge me with a felony

Attorney answers (6)

1. Licensed in CA

   

   Kresta Nora Daly

   Sacramento Criminal Defense Attorney

   Contributor Level 11

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   Answered May 25, 2012 11:09. You need to give the video to your lawyer. Your lawyer is in the best position to decide what to do with it, ie show it to the police, turn it over to the DA, etc. You also need to give your lawyer the names of the people who were there and who corroborate the fact that you were attacked. [Don't go talking to those people yourself, let your lawyer's investigator do it.]

   The answers to these questions are intended for informational purposes. The attorney-client privilege does not... moreThe answers to these questions are intended for informational purposes. The attorney-client privilege does not attach and will not attach unless a written contact is entered into with Ms. Daly's firm. CIRCULAR 230 DISCLOSURE: If the above relates to a tax matter then, pursuant to Treasury Department Rules, we must advise you of the following: The advice contained in this communication was not intended or written to be used and cannot be used for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service. Under the applicable Rules, a taxpayer may rely on our advice to avoid penalties only if the advice is reflected in a more formal tax opinion that conforms to IRS standards less

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2. Licensed in CA

   

   Joseph DanePro

   Orange Criminal Defense Attorney

   Contributor Level 20

   

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   Answered May 25, 2012 11:41. The police don't decide what, if any, charges are filed - that is up to the District Attorney's Office. If your case has been filed already, you absolutely need an attorney to represent you in court. If your case has not yet been filed, your attorney may be able to confer with the DA's office and prevent the filing of charges and clear your name if the video backs up your side of things.
   
   In the mean time, do NOT make any statements about this to anyone except your attorney in a confidential setting.

   The above answer is for general information only and is based on the information you posted. Every case is fact... moreThe above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. less

   • Joe Dane, Orange County Defense Attorney

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3. Licensed in CA

   

   Sean Brady

   Long Beach Criminal Defense Attorney

   Contributor Level 15

   1

   Lawyer agrees

   Answered May 25, 2012 11:19. Ms. Daly is 100% correct. You need an attorney to explain to the prosecutor why the charges should be dropped (though this is always your goal it is not guaranteed). Go meet with a few attorneys and choose the one you like best. Most give free consultations, including those in my firm. You should not speak with ANYONE other than an attorney about this matter, especially law enforcement.
   
   If you cannot afford a private attorney the court will appoint you a public defender, just request one at your first court date. Again, do NOT discuss this case with ANYONE except your attorney. And do not say anything to the prosecutor or judge at your court date other than to request an attorney if you do not hire a private one before then.
   
   Michel & Associates, PC
   (562) 216-4444

   All my comments here are intended for general legal purposes. None of my comments here establish an attorney-... moreAll my comments here are intended for general legal purposes. None of my comments here establish an attorney-client relationship with anyone. None of my comments should be relied on in taking legal action without first consulting an attorney. less

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4. Licensed in CA

   

   Elliot ZarabiPro

   Los Angeles Criminal Defense Attorney

   Contributor Level 18

   

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   Answered May 25, 2012 11:32. Have your lawyer introduce that evidence immediately!

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5. Licensed in CA

   

   Jay Stoegbauer

   Fullerton Criminal Defense Attorney

   Contributor Level 7

   Answered May 25, 2012 12:19. Please contact an attorney and show him or her the video. After seeing the video, an attorney can negotiate with the District Attorney's office, and possibly alter and/or get the filing dismissed.

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6. 

   Peggy RaddatzPro

   La Grange Divorce / Separation Lawyer

   Contributor Level 19

   

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   Answered May 25, 2012 11:24. Mr. Brady and Ms. Daly offer excellent counsel to you. YOU MUST HIRE AN ATTORNEY to represent you.

   IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. This information is provided by PEGGY M. RADDATZ, Attorney At... moreIF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about. less

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