Legal Question in Civil Rights Law in California

My wife went to Magic Mountain with a friend. After going through the gates she saw that her friend had been pulled off to the side and was being detained. My wife asked a security guard nearby why her friend was being detained and he pointed to a nearby officer (not dealing with her friend but observing only), and instructed my wife to ask him. My wife politely asked the officer why her friend was being detained. He did say one time you need to step back. My wife started backing up while saying she is my ride, I was just wondering why she is being detained. The officer promptly arrested her and charged her with interfering with lawful business. 602.1a Is this a case of false arrest? And what is our best option?


Asked on 8/22/10, 2:27 pm

3 Answers from Attorneys
Joe Marman Law Office of Joseph Marman

You should be able to get the charges dismissed.

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Answered on 8/27/10, 3:09 pm
James Bame San Diego Law Office

For assistance in disposing the matter contact me directly.

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Answered on 8/27/10, 4:10 pm
Terry A. Nelson Nelson & Lawless

No it is not a case of 'false arrest' according to the arresting officer. His and other officers' reports will clearly show the 'facts' needed to bring those charges. Assuming the DA files and pursues the charges, your 'option' is to defend against the charges, by having your attorney seek dismissal, file motions as appropriate, negotiate a plea bargain, or take the case to trial. The outcome of all those options are up to the DA and judge, and will be based upon all the facts, evidence, testimony ,etc. If serious about hiring counsel to do so, feel free to contact me.

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Answered on 8/30/10, 10:52 am


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