Hello all, Long Beach CA criminal court...contesting DV charges brought falsely by the accuser. Incident 12/2015, DA "no case filed" 1/2016, refiled and charged 4/2016. From the first court dates the DA says they lost the 911 recording. The tape would audibly show the defendant in the background and not near the accuser (As he packed her things to remove her from his home, she became angry and called 911. Her first statement to 911 was "he's throwing my things out!" There was a 3rd party who saw this event but who left with the defendant when she started the call.) The police report later showed she (falsely) claimed she was choked unconscious and threatened at knife point before her things were removed from the house (9 trips up and down 1 story of stairs and 10 feet through an already open front door facing the street..20 min in which she still didnt leave but supposedly feared for her life). There were no injuries visible according to the police report and no knife to enter into evidence. The DA only filed after she complained 4 months later that she wanted the matter pursued. How can we prove the tape pivotal and if they dont dismiss how should we be compensated? Thanks all!
Get testimony from the third party insofar as not observing any violence at least at the beginning of the event. Otherwise, you may have to take the stand.
Step one: get a lawyer.
Step two: discuss this with you lawyer.
I'm serious. This isn't a do-it-yourself project. You're facing potentialnjail time, probation, mandatory year-long counseling and a lifetime ban on firearms.
Could there be a valid Trombetta motion? maybe. A motion to dismiss based on a delay in filing? Maybe. Investigation that needs to happen? Yes.
Get a lawyer.
Orange County Defense Attorney - 20+ years experience.
Even if the 911 tape is lost there should be a print out of what was said available. If that's lost too you'll have to fight this in Court. Get an aggressive DV lawyer or plan to do some state prison time.
Run, don't walk, to Michael Cernyar in Long Beach. His office is near the court and he is a real LITIGATOR. He also has great experience in the technical field so lost tapes etc are right up his alley!
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