Legal Question in Criminal Law in California

There must be more information that is negative to you that you are not telling us, so none of us can give a valid second opinion. If you have a witnesses that you were being chocked before you hit the person attacking you, the DA would not prosecute as it would be a case of self defense. So there must be something that the DA claims occurred that you have not told us about.

That was quite a story. I believed it right up to the part where you claim the FBI was involved. I fail to see how the FBI would have jurisdiction over a choke fight between roommates in California.

You went to trial. That is where you are required to raise all your issues and gripes. It is pointless and too late to do so now. Seeking a '2nd opinion' now is merely looking for sympathy, which is of no value. If you are still within the time limits, you could file appropriate motions or an appeal if you have proper legal grounds to do so, as long as you're willing to pay the fees and costs of that, which are substantial.

Your question is confusing and somethings do not make sense. First, you said you asked your attorney to mention the video tape during the trial? if you told the police about the tape and they arrested you as a result of viewing it, the tape should have been in the Police report and taken into evidence. Generally, the computer would have been taken into evidence, if it was on a hard drive. Furthermore, if the tape or however the event was recorded, was part of the evidence which led to your arrest your attorney should have requested a copy of it early in the process and if it was not available your attorney should have pursued that issue vigorously. The tape or recording should have been an issue long before the case went to trial. Also, Since the tape was viewed before your arrest and the officers used the tape of part of their decision to make the arrest the District Attorney probably would have wanted it for their case in chief. Another confusing point is why were the F.B.I. involved? or why were they viewing the tape/recording? You also stated in that through research and your experience a hard drive could not be erased. If this is correct, (although in my experience I found this not to be correct) did you inform your attorney and did your attorney pursue the matter? if not, was the destruction of the tape brought up in pre-trial conference with the Judge? Some of the points you have expressed do not make sense. However, no matter what the situation, if you're seeking a second opinion then I suggest you contact a private attorney in your local area and explain the facts as you understand them and ask for their opinion.

Good luck,

Brian D. McGinity