Legal Question in Criminal Law in California

ii was in front of my house and a man jumped out of his car and came at me

I was ouside with a rake cause i had a bonfire hei walked towards him and told him to leave and he made a threatning move like was gonna punch me i swung the rake and hit him he tried to take the rake from me and we fought over he got in his car and left but he called the cops on me and made a report by the time the cops came i had left is wut i did self defense i called the police and gave my side of the story should i exspect to b arrested


Asked on 5/28/13, 5:17 pm

2 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

Yes it's self defense. But you can be sure that the man

told the police a different story. Whether you get arrested depends on what the police believed. It would be a good idea to talk to an experienced criminal defense attorney. Most will not charge for an initial consultation. In any case you should not talk to the police anymore or allow them to search your house or your property without a search warrant. They will twist what you say and use it against you. You have an absolute right under the Fifth Amendment to remain silent and under the Fourth Amendment to insist upon the officers getting a search warrant after making a showing of probable cause to a judge.

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Answered on 5/28/13, 9:56 pm
Terry A. Nelson Nelson & Lawless

A little free advice you already ignored: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney.

Of course you can be arrested. Convicted is a different question. All the facts will help determine that.

When charged with any crime, the proper questions are, can any evidence obtained in a statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential �time�, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

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Answered on 5/31/13, 1:37 am


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