Legal Question in Criminal Law in California

Domestic Violence and Elderly Abuse

About a month ago, my son's father and I had an altercation that resulted in him physically injuring me and his 79 year old grandmother. The authorities were called out and pictures were taken. He had fled the scene before the authorities arrived. His grandmother and I both dropped the charges against him and neither of us are interested in testifying against him. He is currently on parole for a previous assault with a deadly weapon (a plastic patio chair). I just found out today that a warrant has been issued for his arrest in the incident that occurred a month ago. He seems to think that if me and his grandmother are no shows in court to testify, then there will be insufficient evidence to convict him of all current charges. Is this in fact true or is there enough evidence with the pictures and the call into 911 to convict? What would be the charges he would be faced with?


Asked on 11/30/05, 5:03 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Domestic Violence and Elderly Abuse

The state of California presses charges not the alleged victims of the crime. He needs to face up to his conduct and accept the results of this conduct.

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Answered on 12/01/05, 2:16 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Domestic Violence and Elderly Abuse

You haven't told us how you and the grandmother were injured, so there is no way to say what the charges might be.

Being "no shows" in court is not an option if you have been properly subpoenaed -- which you should assume is going to happen. If you and/or the grandmother don't show up after being subpoenaed, the judge will almost certainly issue bench warrants for your arrest and have both of you brought into court by whatever means are necessary.

If you are subpoenaed you may be able to bring a motion to quash. Winning such a motion would free you from having to testify, at least until you are served again. But I see no reason to think you would win such a motion.

Whether the photos and the 911 call might be enough without actual testimony be either of you is also impossible to say based on the limited facts you have offered. In fact, you haven't given enough information to assess whether they would be admissible, let alone whether they would be sufficient. But this question only matters if you aren't in court when the case is heard. Trust me -- you will be.

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Answered on 11/30/05, 5:23 pm


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