Legal Question in Criminal Law in California

I have been charged with pc 273a(b) misdemeanor described as child abuse and pc 148(a)(1) delaying investigation. I would like to have this dismissed using the police report, that says i pushed girlfriend 12yr old son and he fell causing NO visible injuries....Officers arrived at my residence and found door ajar....officers entered the residence to check the welfare and located me in back bedroom hiding in bk bedroom. He refused and ignored officers commands to show hands and exit room." i did not answer door that was closed but unfortunately I did not start recording till they had already opened the door(2am after I had gone to bed) but the video was taken on phone in my hand and shows I did do as told slowly and calmly as to not get shot. I did ask however if they had a warrant to enter my home.


Asked on 2/10/11, 7:36 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

What you want and what you get are generally two different things in criminal cases.

Can the case end up being dropped? Of course. Is that likely? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them because you 'want' them to. That's not how the system works, obviously. IF there are valid defenses, facts, evidence, witnesses, sympathies, etc. that would allow an attorney to 'beat' the charges by keeping the prosecutor from proving the case as alleged, then, yes, the case could be won. Won through motions, won at trial, or won by negotiated plea or dismissal. You won't know until you consult with counsel with ALL the facts. If serious about hiring counsel, feel free to contact me.

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Answered on 2/11/11, 12:41 pm


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