Legal Question in Criminal Law in California

my husband was charged with false imprsinment. We were arguing and I got over emotional and called the cops. All he wanted was for me toa answer some questions. All I wanted to do was leave the apt. We argued cops showed up I told them what happened I did not want to press charges I did not want him to get arrestes. They took him anyway. The officer told me he would get charged with a misdeamenor. When I was able to talk to him the next day he asked me if I pressed charges and I said no. He then told me they charged him with a felony. I took him out in bail. He had one court date we went but they said the district attorney was not ready. He had his second court date last week, when the district attorney spoke she said that I said " I failed to report myself" meaning I did not call him and thats why we argued. I did not say that!! My husband does not deserve to go to jail! we've been married for 14 years and have 5 kids! Things got out of hand on my behalf! I was to emotional all I want to do is help him.


Asked on 7/17/10, 2:42 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

If your husband is being charged with Penal Code section 273.5, that is a felony, and not a misdemeanor. The fact that the police told you it was a misdemeanor, or you misunderstood, is not a ground for reducing the charge.

I hope he has obtained an attorney. If he cannot afford an attorney, he needs to ask for appointment of a public defender. Helping him get counsel is probably the best that you can do for him.

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Answered on 7/18/10, 6:26 pm
Terry A. Nelson Nelson & Lawless

The point of your message is that you want to retract your charges. I get it. You've now learned a lesson that there are consequences to your actions, and that what you want is not necessarily what you are going to get. Your problem is that DA and Police policy is to arrest and vigorously prosecute anytime they are called for domestic violence. They will view your tearful 'recanting' as done under duress and threat, just like most recantings are. Hire him an attorney or work with his Public Defender to try to convince the DA, judge or jury that there was no crime.

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Answered on 7/19/10, 10:23 am


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