Legal Question in Criminal Law in California

Re: Hope to get misdemeanor battery dismissed

No, and it might even help you get convicted.

The judge has no authority to dismiss your case at the pretrial stage unless the prosecutor really screws up. The prosecutor can decide to drop the charges, but the type of statement you describe sounds a lot like a confession and will actually make his case stronger. Strengthening the prosecutor's hand is not a good way to persuade him to let you go.

What you need to do is get a lawyer and have him deal with the prosecutor so that you don't have to -- and so that you can't give him more rope with which to hang you. Having a lawyer will not guarantee that you will escape punishment, but it will increase your chances tremendously.

Re: Hope to get misdemeanor battery dismissed

I hope attorney Hoffman did not mean to say you should not get all appropriate help with any alcohol and anger issues you msy have.

I advise every client of mine who is arrested for alcohol or violence charges to immediately go to as many AA meetings and anger management classes as possible, without waiting for an order from a court or probation officer, and collect documentary proof of attendance each time.

However, Mr. Hoffman is correct in that there is a right and a wrong way to present this kind of material to the court. Try doing it yourself and you are screwed. Give the proofs of attendance to your lawyer, and you are giving him or her ammunition -- to be withheld or used at the appropriate time.

Do everything possible to retain a private attorney, and by all means Keep Coming Back.

Re: Hope to get misdemeanor battery dismissed

Mr. Stone read my prior answer in a way I had not anticipated. Lest there be any misunderstanding, I did not mean to discourage you from going to AA or to anger management classes.