Legal Question in Criminal Law in California

California case:

I was on the sidewalk protesting at a bar where there was a lot of violence. A bouncer who had previously, in an unprovoked manner, battered me, causing a serious injury to my hip, (I filed a police report alleging criminal battery,) orally threatened to batter me again, (assault,) and ran toward me. I pulled out a legal knife and pepper spray which I carry for protection, as I am a doctor and law student, and have frequent death threats by patients to whom I refuse to prescribe narcotics. I displayed my knife and pepper spray with the intent to prevent another battery upon my person, while backing away from my would-be assailant, and crossed the street. No one was injured.

Someone called the police and lied, and I was arrested and cited for �criminal threats.� In actuality, it was self-defense from someone who had previously badly injured me.

Two hours later the same bouncer was fired for physical violence against another client.

Should I wait to see if the DA files charges? When I appear in court, as promised, may I ask for a continuance if charges are filed in order to hire a criminal law attorney? I will plead, and, in fact, am not guilty!!!

Is there any way to legally speak to the DA to give my side of the story, which the police did not ask for?


Asked on 7/06/10, 8:04 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Do not speak to the police or the DA. As you found out, the police are not interested in "your side of the story." Neither is the DA. (If you don't know by now that every potential criminal defendant should be advised to never ever speak to the police or the DA, I doubt that you're really a law student.) You will be charged. Do not ask for a continuance to hire an attorney. Bring the attorney with you. You are a smart aleck, and if you show up in a criminal courtroom without a lawyer it's highly probable that you'll say or do something stupid (like telling the DA, or the judge, how innocent you think you are). If you ignore this good advice, which I'm sure you will, and you decide to go to court by yourself to "wait and see," do yourself a huge favor and shut up. Don't tell them you're innocent. Don't tell them you're a doctor, or a law student. Don't tell them what a mean person the bouncer was. Just shut up and ask to continue the arraignment by 7 days. If you are charged with a serious crime, such as PC 422 terrorist threats, a felony, your professional licenses will be on the line.

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Answered on 7/06/10, 11:23 pm
Vitaly Sigal SIGAL LAW GROUP

The best thing you can do for you for yourself right now is hire an attorney as soon as possible. It is always possible to speak with the police and the DA and tell them your side of the story but the worst thing you can do is try to do it yourself. Just like you see on TV: anything you say can and will be used against you.

Many times we have been able to get the charges dismissed prior to a criminal complaint being filed by contacting the authorities. Even if they still decide to charge you, having an attorney from the start will helpinimize the damage that can be caused. Either way time is not on your side if the case is being processed and having your attorney call them as soon as possible is the best way to go.

Criminal threats under PC 422 is a serious crime and could be a strike under the three strikes law. Also based on the story you told, there could be additional charges as well.

Call us today 818 325-0570 and we will be happy to advise you further.Good luck.

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Answered on 7/07/10, 9:08 am


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