So at a softball game coed (men and women) there was a play at home plate where I slid into. I was tagged out, the girl who tagg

Asked over 1 year ago - Manteca, CA

Ed me sat one forever. My ankle was hurting I pushed her off of me out of pain and she charged me as I was walking away. My husband (who was on deck) stepped in between her and I. It was broken up at that point. She then pressed charges on us and now we have to go to trial after our arraignment today. Is this real? What are the odds the city attorney will escalate this?

Attorney answers (10)

  1. Lisa Marie Blasser

    Contributor Level 10

    9

    Lawyers agree

    Answered . It's unlcear what specific charges are pending against you. If criminal charges were pressed, your issue is in criminal court and the attorney prosecuting you would be the District Attorney. But you mention the "City Attorney," who performs a different function. Were you criminally charged (and facing trial) or cited for vioating a City ordinace (and awaiting for a hearing)? If you were criminaly charged, hire an defense attorney immediately to protect your rights -- criminal charges are serious and you should take them as such. If you cannot afford an attorney, you should also call the court house where your criminal case is pending to determine if you are eligible for legal representation from the public defender. If this is a City Attorney matter, I'd verify what type of hearing you are required to attend and based on the hearing and the alleged violation, I would consult the appropriate attorney for advice on how to proceed.

    The above information does not constitute legal advice and does not form the basis for an attorney-client relationship.
  2. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . This should probably be posted in the criminal section. You need legal help if you have been charged with a crime. It seems like there would be some potential defenses but you are helpless without a good attorney.

    Good luck.

  3. Gurjit Singh Srai

    Pro

    Contributor Level 4

    7

    Lawyers agree

    Answered . It is unclear from the facts if you have been charged criminally. If you are charged criminally I would recommend consulting with a criminal defense attorney.

    Only If and until you and I sign an Agreement for Legal Services. I am not your attorney. These answers are... more
  4. Matthew C Simon

    Pro

    Contributor Level 18

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    Answered . If you were charged criminal, you should get an experienced criminal defense attorney ASAP. While it may seem like nonsense to you, without a lawyer, you could get railroaded. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . A good criminal lawyer can work wonders, so best bet is to retain one.

  6. Vijay Dinakar

    Pro

    Contributor Level 17

    6

    Lawyers agree

    Answered . You are alleged to have committed a crime by the government and are being prosecuted. I assume you've hired an attorney to represent you in this matter. If you haven't hired an attorney yet, you need one asap. If you have an attorney, rely on his/her advice to fight this matter. I assume there were multiple witnesses to this public event, make sure your lawyer (through his/her investigator) interviews everyone that was there. This sounds like a silly overreaction to prosecute a case like this, though you didn't mention if you inflicted any serious injuries. As an aside, sports are taken way too seriously. Sports are supposed to be fun, not the cause of a criminal prosecution (not suggested you did anything untoward). Best of luck.

  7. Josh P Tolin

    Contributor Level 19

    7

    Lawyers agree

    Answered . I tagged your question, because it is really a criminal or municipal law case you have. It may have stemmed out of an injury, but based on your question it is either a municipal charge or a criminal matter. I can't speculate on the odds of the city attorney doing anything. You need to get an attorney, if you don't already have one. It does seem odd that they would pursue based on the facts you presented, but that is not my area of expertise. I'm sure there are CA attorneys who can help you.

  8. Joseph Salvatore Farina

    Contributor Level 17

    4

    Lawyers agree

    Answered . I always say there are three sides to every story: the complaining witness, the person accused and the truth. And we all know the truth lies somewhere in between. For example, as you hobbled away after having just had your ankle injured, you didn't throw any well known expletives in her direction, did you? Or throw her the infamous one finger salutes? Or did she charge you because she had nothing better to do? Never mind - this is a public forum and wouldn't want you to say anything incriminating. In any event, once you have been arraigned, then your attorney will meet with the DA and see if the case can be settled. Trial is a long way off and there will be a lot of discussions in between. Chill out and see what your attorney can do.

    The information and legal suggestions made herein do not in any way create an attorney-client relationship. The... more
  9. Tai Christopher Bogan

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . You're dealing with small town BS. Everyone knows everyone, the cops, DA's, judges etc. Heres good news, once you set the case for trial it gets sent to Stockton for trial assignment. There you may seek justice. I'd be shocked if at the softball game there wasn't cops or some other person associated with prosecuting people for stupid things.

    Hire an attorney who is not afraid of trying the case. I don't know what else to tell you. I have been fighting the government over stupid cases for many years. I doubt it will stop soon. Also, don't think because the case is stupid that the DA is going to dismiss without a fight.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
  10. Robert Andrew Michael Burns

    Contributor Level 18

    1

    Lawyer agrees

    Answered . This is clearly a criminal law post. You should have been appointed an attorney unless you can amply afford one. Presumably, your case is scheduled for a "readiness conference" before trial. I don't know where Manteca but in San Diego City the City Attorney prosecutes nearly all misdemeanors and infractions, and the County District Attorney prosecutes all felonies, under State law. Your second sentence is defective: "sat one forever". This seems to be an excellent case to send to mediation.

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