Hi got arrested under 243(E) (1) PC for domestic battery for spitting on my wife. This is 1st time I got arrested I’m in Southern California and my court date is Feb 28th at San Fernando court. My wife doesn’t want to file any charges. I need a lawyer who can help me to get this case dismissed so that it doesn’t show up on my record.
You can use Google, the find a lawyer tab at the top of this page, or call your county lawyer referral service. Solicitations are not allowed here. Good luck to you.
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Your wife has no say so whether criminal charges are filed against you, the DA's office does and in light of your court date it appears that they did just that.
Consult with several criminal defense attorneys in the SFV and retain one of them to try and get the best result for you, whether a full dismissal or something else like pleading to a lesser included offense or an infraction.
Unfortunately, it’s not up to your wife. If the cops and prosecutors have the evidence that a domestic battery occurred, which it sounds like they do, they will file charges. And don’t expect to just get the case dismissed without a fight. I’ve seen prosecutors rather go to trial and lose than to outright dismiss a case. You need to hire an attorney to see whether your case can be negotiated to a reduction or dismissal, or if you’re looking at trial. Use AVVO to find an attorney. Best of luck.
Pick up the phone and make some calls.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
Although you have a court date the case may or may not be filed that is determined by the prosecutor not the police. So you should retain a lawyer who can call the prosecutor and see if this case is one that qualifies for a dismissal or city atty hearing. Which means no charges are filed till after the hearing where a determination is then made as to going forward or not ! I suggest u retain a lawyer. If it's been filed alrready prosecutor can proceed without your wife's testimony but it weakens their case depending on the facts . You should retain counsel immmediately !!
Once the case is filed it ends up on your record even if it's dismissed later on. One way to prevent that is to have the matter rejected before it is filed. Several ways to do that, but you need to lawyer up immediately before the case is filed since once the case is filed it will be on your record. Moreover, if your wife doesn't want to pursue this matter then she needs to contact a victim's attorney. I've represented victims before and mentioned to the prosecutor that the victim was exercising her rights and the case didn't get filed. Discuss further with several attorneys. Many reputable attorneys offer free consultation.
The response above is general information related to law and not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from an attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
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