Legal Question in Criminal Law in California

Arrest Attacker?

Some random girl attacked me, my sister, and mom. We were going for a trip but had to go back for something we forgot. The girl was already in a passenger seat of the car that was parked in front of our house when we left. When we got back, she got out of the car and threw a can of beer at my sister, physically attacked me and then try to break our car window while my mom was in the car. She accused us of following her and yelled at us to leave. We see her all the time in the neighborhood sitting in the car while her male companion goes to our neighbors' home and this is the first time she attacked us. Police came 30 mins after the incident and they were long gone by then. They said that they can talk to her or arrest her and then I have to go to court to testify. They made it sound like it's all complicated if I say to arrest her and that there is a possibility that there could be retaliation because we don't know her and she knows where we live. What procedures to I have to go through when I say to arrest her for assault? Can I still call to have her arrested days later? The only thing I have is the license plate# of the car but she was the passenger. I really don't want to let her walk away without some kind of punishment.


Asked on 11/23/07, 11:51 pm

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Arrest Attacker?

The police have the duty, by law, to investigate this criminal activity. This should result in arrest warrant against the girl and there is nothing wrong with your calling the police to remind them that the offense is serious. It is their duty to follow through. It is your right as citizen to demand police do something.

That said, not everything is up to you. Ultimately, it will be up to the police investigators and/or the prosecution (District or City Attorneys) to decide whether any charges will be filed. As a victim however, you will have a lot input and influence on where things will go. This also means responsibility and certain time commitment on your part. At the very least, you will be asked to file police report and make statements.

Technically, the police are correct in that you will need to testify in court. However, that is true only if there is a criminal case that will end in trial. In practice, most cases end up in plea bargains rather than trials. If there is a plea bargain there will be no need for you to testify in court. This is generally true - if felony charges are filed against the girl, you might be required to come and testify at what is called Preliminary Hearing.

Hope this helps.

Jacek Lentz

310.273.1361

www.jaceklentz.com

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Answered on 11/24/07, 12:06 am


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