Legal Question in Criminal Law in California

Would it be a good idea to speak with someone in the DA office if you have just been charged with Assault % Battery in hopes of the DA following up on the information and hoping the charges will be dropped? My husband 69 years old, diabetic, has COPD with part of one lung that is fused together, nerve damage in both feet, has damage to his back and one arm, is 5' 11 inch and weighs 143 pounds. In 02/2015 he and a 45 yrt old healthy 6ft 180 to 190 pound man got into argument and the old man turned around walking away from the other man. The man rushed up behind the OM and knocked him to the ground bearing him on his head, neck and back. The 45 year old landlord stepped him screaming for his to stop. Charges against the 45 for assault were charged but dropped before going to court 01/2016. There were 3 witness all stating PM had done nothing, Yesterday the same 45 year old turned water on and flooded the OM yard and threw trash all over the yard. The old man walked outside and saw the 45 returning with more trash to throw. To make this short, the OM cussed the 45 year old and turned to walk into house. The 45 again rushed up behind the OM hitting him in the the back of head with the metal dustpan. The two were fighting and the old lady came out scared that her husband would be killed, not touching but backing the 45 year old up. The 45 year old bounced up and out and grabbed the end of the broom and hit the old man and then started to jab at the OL. The OM screamed" Don't you hurt her and the 45 was smiling and he jab again and in that second the old man jump in and gave one BIG swing and hit the guy right in the eye. The eye started to swell and turn back. When the 45 had stopped going after the old man due to his eye turning black and swelling almost shut the 45 said he would not be arrested and said that they were dropped last time and they would be dropped this time if he was even charged. The 45 said why do you think they were dropped last time but never said anymore.The police were called and the police took the information and gave the old man a victim sheet and two other police came and went and talked to the 56 year old. The 45 said the old man had hit him with the broom and the police then went down and arrested the old man. Again there were the OM and the OL but also a 3rd witness, a lady who had been on the patio of a vacate apartment, there to see about it being rented. The lady there to rent apartment had been able to see everything. Again the 45 year old had a friend and neighbor who saw about 2 minutes from inside her house looking out her door. . The old man ended up being arrested and charged with assault and battery ! OK, I am the Old Lady! After my husband was arrested I got thinking when someone asked me what connections the 45 year old had I looked him up and found out he has been President of the 20/30 club several times . which he has been involved in for years because it increases his connections to increases his income because he is a Party Broker and it's good for his business. He is and has been connected to all the local police officiers and well as the local attorney's and the people in the DA office. I have a bad heart and I swear this is going to kill me, I am so stressed out and don't know what to do or where to turn? I am a big supporter of the Police officers, my dad was a police officer and died while working and my son has been a police officer for the past 20 years but this has really tested my belief! His bail was $28 thousand dollars and I want the charges dropped, we can handle waiting around for months and the though of him going to jail for something he did not do. You hear about people going to jail and the DA office later discovering that the person that they have sent to jail did not do the crime but the DA office still refuse to release them, caring more about getting a conviction instead of providing real justice. My son said to call the DA and ask them what to do. There must be something instead of taking the long road? I don't understand how my husband could have been charged?


Asked on 9/21/16, 2:15 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

It's not wise for a defendant to speak directly to the D.A. about his case. He's far more likely to make his situation worse than to make it better. Your husband needs a lawyer right away. If he can't afford to hire one, the court will appoint one for him at public expense. The lawyer can then try to work something out with the D.A.

Good luck.

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Answered on 9/21/16, 10:34 am


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