Legal Question in Criminal Law in California

Domestic Violence

I was recently confused with Domestic Violence when Police had come to my house to check on me when I had requested information from 411 for Crisis hotline. I had no idea they would come. Anyways, they came and searched me and separated my husband and me. My husband speaks little English and police searched him as well. During the search, they saw two 1/2 inch to 1/4 inch scratch marks on his chest and immediately assumed it was domestic violence. Not knowing the whole detail, I was instantly arrested for domestic violence. Police also associated us from Arab descent and make accussations like ''this is not your country and you need to learn the rules of our country''. I looked at the officer's badge so that I can remember who said it, and answered, I have been here for 17 years and am just as much an American as you are. I was snapped at and told ''no you are not, and shut up''. My husband and my family struggled all night to get me out of jail. I am out on bail and have court hearing soon. I would like to get some advise on how to handle the situation the best and get this off my records, and file complaint against the office for hate crime.


Asked on 10/09/01, 8:29 pm

3 Answers from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Domestic Violence

I suspect when all the dust settles the matter will be dropped. If that hasn't been the case then with the help of an attorney you should be able to resolve the matter to your satisfaction. If the matter becomes a worst case scenerio. And the matter goes to trial and you win (which is possible from the facts you have set forth), inquire about setting a motion for a finding of 'factual innocense.' There were a bunch of these cases sent out recently that had been held due to a computer change. So hopefully the matter was quickly resolved. Lots of luck

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Answered on 11/24/01, 11:39 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Domestic Violence

Thanks for your posting.

The best you can do if you don't want this case on your record is to have an attorney fight this case and mount a defense for you, considering the facts, evidence, and law of your particular situation.

Also, you may not have grounds for a "hate crime", but you may want to file a complaint against the officers if you feel you were treated unfairly.

Thanks again, and I hope this helps. If you have other questions or need more information, please feel free to email me or call me at 1-877-568-2977 (toll free).

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Answered on 11/21/01, 6:08 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Domestic Violence

I have represented persons of Middle Eastern decent in the past. I assume you were charged with Felony Spousal Abuse and had to post a substantial bond to be released. I highly recommend that you immediatly retain an attorney to represent you in this action. If you are in Southern California you may call me for a free consultation at 818-998-1584. As far as hate crime, I would not worry about that right now, I would be more worried about the felony which you have been charged with!!

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Answered on 11/21/01, 6:34 pm


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