Legal Question in Criminal Law in California

Hi,

Three days ago, my girlfriend and I got into an argument. We were at school, and she had no way to get home, so I drove her home. The problem started when she wouldn't leave my car. I tried everything I could to get her out without resorting to what I considered physical violence. I did push her once, but it wasn't with force, and it did not cause her any harm.

As my patience ran out, I left the car and went over to the passenger's seat to open the door for her, but she locked it right before my eyes. In anger, I punched the window of my own car, injuring my hand. The window didn't break. I then returned to the car and threatened to call the police, but she still did not budge, so I called them. I dialed a Palo Alto police number written on a nearby signpost, not 911.

On the phone, I told them about the situation, including the part when I pushed her. The police arrived within seconds, and got both our stories. We were both honest and cooperative. They took pictures of my injured, lumpy fist, and of my girlfriend's invisible bruise.

I was arrested and charged with a misdemeanor domestic battery 243 (e) (1) pc. My girlfriend did not request for charges to be pressed, or for a restriction order. The arresting officers told me that I would probably only spend 3-4 hours before they let me go, and brought me to the Santa Clara Country Jail. It didn't work out that way and I spent 26 hours in jail before my girlfriend spent half her life savings to bail me out. My bail was $10,000, and she paid $1000.

I've done some research on my own, and it seems my best chance of having the charges dropped is to hire an attorney who would speak to the DA, but the one I talked to requested $5000-$7500 dollars for the pre-trial stage.

My financial situation is not going to be an advantage for me, either. I'm a 19-year-old college student with very little savings, in a poverty-level family. My girlfriend is in the same financial situation as I am, and her family is not much better off. I definitely cannot afford a lawyer right now.

Also, the court dates are going to be another problem. I am a college student currently attending community college, but I plan to return to UC San Diego in late December for Winter quarter. My girlfriend left UC Davis to come with me to UCSD, and after a year, she got accepted, and as everything started to work out, this problem has come up. The first arraignment is on December 21, which I am able to attend and still be able to follow through with my plans, but the consecutive dates will be a problem.

I was advised to call the court office to try to reschedule, and read about 977 waivers, which I might consider applying to a public defender, but I am not sure what other options I have, or which options are best.

Please, I am a good person and I don't want this to be on my record, which would greatly impact my future career in computer science. What should I do now? What are the chances that the DA would drop the case? How should I go about the problem with the court dates?

I also walked home from prison to find a summons for jury duty scheduled for Dec. 8-11 which is finals week for me. I requested a postponement for the week of Dec. 14-18.

Thank you very much.


Asked on 11/08/09, 4:10 am

2 Answers from Attorneys
Gary Polston The Law Office of Gary M. Polston

You are facing a very serious charge which has some unfortunate consequences. As you found out from your initial contact with police, they are going to treat you as if you are already guilty, without giving you the benefit of the doubt.

It is important that you have an attorney on your side. You will either need to work out a payment plan with a lawyer in your area or request a public defender be appointed.

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Answered on 11/13/09, 2:18 pm
Robert Marshall Law Office of Robert L, Marshall

As you found out, calling the police to settle an argument is like launching a nuclear missile; once you've pushed the button, the result is out of your control.

Unfortunately, your court case is going to have to take precedence over your other plans. I tell people that being a defendant in a criminal case is like going on a job interview; you have to show up on time, prepared, dressed professionally and behave like there is nothing more important in your life. If the judge or prosecutor gets the impression that you aren't taking the court case seriously, it can have a very negative influence on the outcome.

Penal Code 977 allows the defendant in a misdemeanor case to appear through his or her lawyer. In a domestic violence case, the defendant must be present for the first court appearance.

In most cases, Public Defenders will not appear under Penal Code 977 and require the client to be personally present. This is because Public Defenders tend to be very busy, and it takes a lot of extra time and effort to communicate with a client between court appearances.

It was probably a waste of money to post bail. Most defendants in misdemeanor cases are released on their own recognizance at their first court appearance, which is held within two court days of arrest.

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Answered on 11/14/09, 7:21 pm


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