Legal Question in Criminal Law in California

Re: Citizen's Arrest and Trespassing/Refusing to Leave in CA

I was placed under citizen's arrest by my boyfriend for "trespassing/refusing to

leave". I was informed of this by the police who subsequently cuffed me and took me to jail. After many hours, I was booked and released. I have questions regarding the legality of the arrest itself, if the charges can be dropped, how the arrest with show on my record, if the case can be dismissed, and if necessary, how to expunge the arrest and charge from my record. The details are as follows:

I had spent the night with my on again/off again boyfriend as an invited guest

at his house. In the morning he woke me up saying he had to leave and told me to get out. I started to gather my things and get dressed. We argued, and I was not setting any land speed records, but I was packing to leave.

After about 5 mins he called the police saying I "refused to leave". He has done this on numerous occasions. Usually, I am able to get out of the house before they arrive. I always sit in my car, which is parked on the street, and wait for them. I never wanted it to look like I was running away or avoiding them. I wasn't guilty of anything; he was simply using the police to intimidate me into leaving him alone because he was pissed off and didn't want to return my things. The cops were there several times before and always just told me to leave, which I did. They were always on his side as he called to complain and it was his house.

This time, having been woken up from a dead sleep and having to get dressed and gather my stuff, I was not able to get out of the house before the police arrived. They

actually were there withing about 7 minutes. They were familiar enough with the situation and they saw that I was packing. They said they would "give me a few minutes". They watched me as I frantically searched for my clothes to get dressed. I told them I wanted to leave. It was obvious that i was NOT "refusing to leave".

I guess I was taking too long. After 10 mins I was putting on my last shoe and

ready to go when they told me "it's too late. You're under arrest" and said that he signed a citizens arrest! I told them I was tying my shoe and I was ready to leave. They said, "too bad" and I was told to turn around so they could cuff me. I would have left willingly with them! There was NO NEED for handcuffs! (or do they cuff anyone who is arrested?)

Wearing my one high heel shoe (they would not let me take it off or put the other shoe on) I was grabbed, hauled out to the squad car, taken to jail, and finally booked and released. They had cuffed me so tight that it was EXCEEDINGLY painful, esp if my wrists would move in the cuffs as I was moved around. I asked them several times to loosen the cuffs, but they refused. Upon booking, I finally got an officer to agree to loosen the cuffs. As I turned around, I heard her gasp. She took the cuffs off and I saw that my wrists were cut and bleeding with the blood running down my hands and fingers. (significant bruising showed over the next few days.) At NO POINT did i resist arrest or fight the officers. I was also never read any rights.

My boyfriend said he never requested this citizen's arrest but was told that if he wanted the police to "do anything about the situation" he had to sign for a citizens arrest. He is willing to help me as he did not want me to go to jail, etc - he just wanted me to leave.

Can he drop the charges and if so, how? Can he rescind the arrest and if so, how? If it's possible for him to undo any of this, would it still show as an arrest on my record?

I have a clean record; not even a speeding ticket to my name. Assuming there is

nothing that can be done on his part to drop all of this, how should I proceed? Can I have this dismissed and if so, how? Can the arrest be expunged from my record and if so, how? I have a court date in a few weeks, but what can/should I do NOW?

Again, I was not refusing to leave" at any point. The charge is for "trespassing/refusing to leave".

Thank you. Your response is appreciated! RM in CA


Asked on 3/17/14, 11:45 am

2 Answers from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

What you can do right now is interview lawyers. Most criminal defense lawyers will give you a free initial consultation. Retain a lawyer with whom you are comfortable and who is willing to talk to the DA about not charging the case.

Good luck.

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Answered on 3/17/14, 1:16 pm
Joe Dane Law Office of Joe Dane

The only way to get an arrest off your record is with a petition for factual innocence. You cannot take any sort of deal for this to happen, so you absolutely need an attorney. You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

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Answered on 3/19/14, 7:37 am


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