Legal Question in Criminal Law in California

I am being charged with an Assault with a Deadly Weapon GBI enhancement 245 (a) GBI. 1 count Felony Strike. I did not even know I was getting this charge until a detective left a message on my house phone. By that time, the DA already went with the charge and issued a warrant. Turns out they were serving my neighbor�s and had the wrong address. When I found out, I immediately called the detective right back and listened to the detective and turned myself in and posted bail. I retained an attnorney, but he hasn�t done anything for me. I have NO criminal record and never used the �deadly weapon� the alleged victim is claiming. I was at an apartment complex where she resides and she started punching me because she thought I slept with her ex boyfriend and Of Course, I defended myself. The victim is claiming I struck her in the face upper body and head 10-12 times with a metal bat. The 2 witnesses who were her neighbors are not showing up to court and are not able to be found to testify. I think it�s because the so-called �witnesses� also had hit me in the face. The injuries she had are 2 right fractured fingers from when she punched the hood of my car. SHE HAS NO INJURIES, LACERATIONS, BRUISES OR ANYTHING to her face and/or upper body. The fractured right fingers are the only alleged injuries. I have pictures with the dates on them showing that my face was bloody and swollen, including a picture of the hood of my car. It is clear I, (the defendant) was physically beat up, but I never called the police because she knows where I live and was scared that she or that she would have someone come to my house and do more damage to me or my kids if I called. She is bigger than me both height and weight. I don�t have medical records because I had NO insurance and was unemployed at the time. I am so depressed and scared because I could be going to jail or prison for something I never did. The DDA has not even read my file or read the transcript from when the �victim� testified that �By the Grace of God� is why she has not a single scratch on her face, head, or upper extremities from an �unexpected� attack to her after being struck 10-12 times by a metal bat. This is SO ridiculous that I am the one going through this. I am a mother of 2 children have NO criminal record, have never done a drug in my life, am now working trying to get by facing this kind of thing. I have never imagined I would ever be in this situation. I am living in a nightmare and unfortunately have virtually no money to make sure that I don�t go to jail. I am going to another pre-trial in the superior court in Los Angeles then after, is the trial hearing without any plea offer. The DDA last time said he did not read my file yet to make an offer but now I have only 1 opportunity to receive a plea offer for something that I never did. This can�t be right� My attorney had taken the only money I had on a credit card and has done nothing� I have nothing left. What do I do???


Asked on 11/03/10, 3:29 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

You have to meet with your attorney and find out what is happening, what are te things he/she could do, why have they not been done, what work has been done. If the attorney basically has done nothing, then demand a full refund of the money you gave them; if they say no, state that then your only choice is to file for fee arbitartion with the local bar association if they have such a program and/or file a complaint with the State Bar. I have heard that there are a fair number of criminal defense attorneys who do not really do very much for their clients. I have no way of knowing if that is your situation or if your attorney is doing as much as they can. The actions of the deputy DA do not seem unusal; often they are giving the file less than 24 hours before the apperaance so have not read the all the files. Your attorney must speak directly to the peson who has the file and point out that with no facial injuries from alleged multiple hits to the face from a metal bat but proof of her hitting your car, and no witnesses, a jury would not convict you, and why has the police not investigated if she should be charged with assualt and battery?

Good luck. The justice system grinds slowly but normally at the end it reachs the correct result.

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Answered on 11/09/10, 10:41 am


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