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Asked about 1 year ago - Van Nuys, CA
FlagMy boyfriend got arrested for a dv charge. It's all a big misunderstanding. He didn't hit me. I was very intoxicated and we got in an argument. I somehow fell(I was wearing heels at the time) and hit my face and my upper lip got a little swollen. I told the police it was a miss understanding but they still took him in. I got him out on bail. I don't really remember much of what I told the police or why I called them, I was intoxicated and upset. Im definetly Not pressing charges. Again, he did not hit me. He has a court date coming up(arraignment). Will he be doing jail time? What should and can I do??
You can stop talking to law enforcement (or anyone) about this matter and get your boyfriend in touch with an attorney. It is not up to you whether charges are filed, it is up to the prosecutor, and I would be shocked if charges aren't coming. If he cannot afford a private attorney, the court will appoint him a public defender at his first court date. He should NOT speak to anyone, including you, about this matter, only his attorney.
Michel & Associates, PC
(562) 216-4444
This is a very common situation. To be sure, he can be charged. Once the police are called in and he is arrested, it is then up to the district attorney to determine if they will proceed with filing charges. With that being said, there are some things you might want to be aware of. First of all, the police report will contain your statements. Sometimes the report may contain things that you either do not recall saying, or, did not say at all--this is not uncommon.
It is imperative that you are aware of the following statute:
CCP Section 1219:
(a) Except as provided in subdivisions (b) and (c), when the contempt consists of the ommision to perform an act which is yet in the power of the perosn to perform; he or she may be imprisoned until he or she has performed it, and in that case the act shall be specified in the warrant of commitment. . . .
(c) In a finding of contempt of a victim of domestic violence who refuses to testify, the court shall not incarcerate the victim, but may require the victim to attend up to 72 hours of a domestic violence program for victims or require the victim to perform up to 72 hours of appropriate community service, provided that in a subsquent finding of contempt for refusing to testify arising out of the same case, the court shall have the option of incarceration pursuant to subdivsion (a).
In other words, if you are the only witness and refuse to testify and you do not say anything to anyone about the case, then the DA is going to have a very tough time prosecuting. In short, you cannot go to jail for refusing to testify but can do up to three days of "counseling". This being said, get ready for the DA to lean on you very hard to testify. How you deal with it is up to you. You may consider getting a strong attorney to protect your rights.
If you have any questions you may contact me at 909-635-2023.
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