Legal Question in Criminal Law in California

I have been charged with a PC 243 D but have not been to court yet. I am currently out on bail. The case in question is due to a drunken dispute where it was self-defense on my part. The individual I was in a fight with was staying at my house and went to the party I invited him to. He lives out of state. He realized that it was all his fault. He dropped the chargers and has said to write a letter on my behalf as well as 3 other witnesses who saw the whole thing. @ of those witnesses have know him for 20 years and have written letters on my behals as well. Because he called the Police in his drunken state and then went to the hospital I was arrested. From my understanding because he had to go to the hospital that now it is in the hands of the prosecuting attorney even though he dropped the charges. My question is what do I need to do? Is there something I need to do before court to talk to the prosecuting attorney to get it thrown out? Do I just need to wait for my court date to present the written letters? I would also like to add that I have no previous arrest record.


Asked on 8/03/10, 10:36 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The thing you need to do before court is to retain an attorney well in advance of your first court date. DO NOT talk to the prosecuting attorney or the judge by yourself. You have no criminal record. Be smart and keep it that way.

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Answered on 8/08/10, 11:40 am
Robert Marshall Law Office of Robert L, Marshall

This is not some do-it-yourself project, like fixing a leaky faucet, that you can handle yourself with a little advice from the Internet. You need an attorney to assist you.

If you can't afford to hire your own lawyer, the judge will appoint one at your first court date.

You should not be talking with ANYONE about this case except your lawyer. That includes trying to gather your own witness statements. Your lawyer will have a private investigator handle that part of the case.

I have seen many cases where people tried to talk their way out of criminal charges, but wound up giving the prosecution a stronger case instead. If you hire an attorney now, your lawyer may be able to convince the District Attorney not to file charges, or file something less serious.

Penal Code 243(d), assault with serious injury, can be charged as a felony or a misdemeanor. As a misdemeanor, it carries up to a year in jail; as a felony, it carries a maximum prison sentence of four years and is a "strike" under the Three Strikes law.

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Answered on 8/08/10, 11:56 am
Terry A. Nelson Nelson & Lawless

If you don't know how to effectively represent yourself in court against a professional prosecutor seeking to convict you and put you in prison or jail, then hire a criminal defense attorney that does. No amount of hints or tips here is going to make you effective. The only worthwhile advice I can give here is to exercise your 5th Amendment rights to SHUT UP, and say nothing to anyone but your attorney. Have you not heard TV cops say 'everything you say can and will be used against you'? If you are serious about hiring counsel, and if this is in SoCal courts, feel free to contact me. If you can't afford private counsel, apply for the Public Defender.

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Answered on 8/08/10, 4:14 pm


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