Legal Question in Criminal Law in California

To get dismissal or prevent conviction on 3rd strike DV charge

My 69 yr old boyfriend was arrested third time for DV (injury very minor) and I am trying to prevent his going to prison due to his age and health. I have written a statement redescribing the incident to make it appear an error in judgment on my part and stating it was an accident due to situational conditions and my physical and mental condition. If I send this notarized statement to the District Attorney isn't he required to give it consideration before a pretrial hearing? And in court as well if the matter gooes to trial? Can my letter work for a dismissal??? Please help. My boyfriend tells me he is looking at 2 years minimum.


Asked on 7/10/00, 5:15 pm

1 Answer from Attorneys
Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: To get dismissal or prevent conviction on 3rd strike DV charge

Hello, I am sorry to hear about your difficulties. Unfortunately, sending a letter to the DA recanting the initial DV claim is not going to result in a dismissal. The DA will move forward on this case regardless of what you say now. Your boyfriend is a 3rd time offender and the DA will move to prosecute him even though the injury was minor. Your boyfriend is going to need experienced legal counsel to keep him from being incarcerated. Call us immediately for a free consultation. Our 24 hour telephone number is 1-800-327-4652. Each of our partners is a former District Attorney. We have over 50 years of criminal investigation, prosecuttion, judicial and defense trial experience. Do not hesitate. This is an extremely serious situation.

Read more
Answered on 9/08/00, 1:36 pm


Related Questions & Answers

More Criminal Law questions and answers in California