Legal Question in Criminal Law in California

I have been charged with a 242PC - Battery. I was not taken into the police station but instead the office informed me that I was being put under citizens arrest by the guy who claims I "battered" him.

Here is the background of the situation:

I, along with 4 other friends were at a bar on halloween night. We got seperated at the end of the night 3 of us excited the bar while 2 were still inside.. We waited outside on the crowded side-walk for a while waiting for our 2 other friends to exit the bar so we could all go home. A couple minutes passed and I got worried as they were very intoxicted so I approched the entrance of the door trying to get back in. The bouncers at the door informed me that they were not letting anyone back in, and the I needed to leave immediately. With that said, I went over to the left of the entrance on their patio and stood so that I was still able to see inside the bar and started calling my friends on the phone. The bouncers got mad at this and kept asking me to leave but I told them "No, I am just going to call my friends who are inside, it's fine." This repetive conversation went on 2-3 times when finally one bouncer who was at the door called over another bouncer and told him to "take care of me" At that point another bouncer comes up to me and firmly places his hands on my shoulder and push / shoves me to the sidewalk. He held onto me as I was being pushed. I was immediately astonished as I was in heels and could have easily fallen to the ground. I currently have a herniated disk in my back and falling down could have easily re-injured it. Once on the side-walk as the bouncer was walking away, I kick him flat footed with my shoe in the butt - it was not hard, more of like a playful tap as in " get away from me.". I did this because I was very caught off guard that he shoved me when I was merely standing there on the phone. At this point, he comes back up to me and is like "Do you really want it to go down like this? Do you want me to get the cops involved?" and my response was "kind of" get the cops invovled. I was totally thinking he was joking because he walked away and I stood there for a good 5 minutes before an office approached me and asked me to come around to their car. At that time, I was questioned and cited for battery. At one point there were 8 cops involved in this situation. They were mean and told me they were going to review the cameras which are mounted outside the doorway of the bar. I was pushed on their property but I kicked him on the side-walk. Was this bouncer allowed to touch me? He was not an official bouncer, but an employee of the bar.

I have no prior offenses. Do you think I need to hire an attorney? Do i have any case to be found not guilty or should I plea-bargain? Does having an attorney give me better chance of getting a better plea-bargain


Asked on 11/08/09, 11:07 pm

2 Answers from Attorneys

Steven Mandell Law Offices of Steven R. Mandell

Yes, you should hire a lawyer as soon as possible if you can afford to do so. It's too early to tell how the case will end. Criminal cases have a starting point and an ending point, and yours is in the early stages. Quick intervention may be able to prevent this case from being filed at all. Since you were arrested by the citizen, not by the cops, the cops have no choice but to present this case for filing to the City Attorney of the city in which it happened. It is possible that a case will not be filed, but it's possible that it may be filed. As I mentioned, early intervention may be able to stop it before it gets filed. If you'd like to talk to me further about the case, please don't hesitate to contact me. Steve Mandell [email protected]

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Answered on 11/14/09, 2:04 am
Robert Marshall Law Office of Robert L, Marshall

I agree with Mr. Mandell that you should definitely be represented by an attorney in this case.

If nothing else, your lawyer would tell you NOT TO POST SO MUCH DETAILED, PERSONAL INFORMATION ABOUT A CRIMINAL CASE ON A PUBLIC FORUM ON THE INTERNET!

It is impossible to tell you whether you should attempt to plea bargain the case without reviewing all of the available evidence, including the statements of all the witnesses. If you can't afford to hire an attorney, ask the judge to appoint the public defender to represent you.

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Answered on 11/14/09, 7:08 pm


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