Legal Question in Criminal Law in California

help with a battery charge
I was arrested for battery and ''threats'' california code PC242 and PC653M(A). it was a situation with an ex-girlfriend where i was in a shoving match with another male and she tried to break it up and caught an elbow apparently from me on accident. she told the police i hit her, knowing i did not. then i made some mean phone calls to her not knowing that she was hit or talking to the police. she did not press charges but the D.A. did. she now feels terrible because she knows i didnt hit her and as for the threats, we have both said some things to eachother that we dont mean. she said she would do anything to get me out of this mess. so my question this: is there any loop hole in the law where they could drop the case since the person involved knows the charges are not right and is willing to explain that i dont deserve this on my record? please help, my attorney here in San Luis Obispo is not very helpful. thanks,

Asked on 5/06/03, 2:07 pm

3 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

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Re: help with a battery charge

hi luke, if you can email me more facts on your case, especially in respect to what the actual police report says, what witnesses may or may not be willing to testify, when this incident occurred, as well as if you have already had your arraignment hearing or not, i may be able to further assist you in this matter legally.

Answered on 5/06/03, 2:11 pm

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Terry A. Nelson Nelson & Lawless

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Re: help with a battery charge

You will need to have an attorney willing to convince the DA that he will take the matter to trial, and that the woman will not testify unfavorably to you. With all that, the DA may then drop the matter on the courthouse steps, but you will have to spend the money to get there, or take it to trial if the DA doesn't drop it. If you want to talk about the fees involved in going to trial, contact me. I practice in SoCal and in SLO.

Answered on 5/07/03, 6:05 pm

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