Legal Question in Criminal Law in California
I am being charged in san mateo county ca for a 422pc. I am at a dealership and tell the service manager to bleep off. He aggressivly follows me outside to my car and whispers "he will kick my ass". I then said "would you like to go to the otherside of the building". So the police call me in for my side of the story and I explain what occured. The detective told me this probally wont even be filled with the district attorney. I then call a couple of days latter to follow up with the status and the detective told me the reporting officer who responded wanted t5o file with the district attorney. So my question is does the district attorney have a strong case againts me for this penal code? Or will it go lesser to another penal code or possinly droped?
Thank you
3 Answers from Attorneys
Giving "your side of the story" to the police, or speaking to them at all, was a huge mistake. Maybe your attorney can fix it.
Mr. Stone is right. And even if your side of the story wouldn't give the D.A. much to work with, we have no idea what the other guy said.
Now stop talking to the police and get a lawyer.
Unfortunately when you spoke to the Police Officer you provided them with the information necessary to file the charges. It is never a good idea to speak with any law enforcement officer or agent when there is a possibility of violation without your attorney being present. At this stage you need an attorney. The DA could go ahead and file the charges. In this situation it would be better to pro-active using an attorney, not yourself, and find out what they are going to do. I suggest you start shopping for criminal defense attorney. If they file charges you will be ready and your attorney can go to work right away. If they have not filed charges a good attorney may be able to talk with someone at the DA's office and prevent the charges from being filed.
Good luck
Brian McGinity
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