Legal Question in Criminal Law in California

Misdemeanor Battery

I recently posted bail for my boyfriend who is charged with 242 misdemeanor battery. He must be in court on 9-2-04 and would like to know what to expect. This was,to the best or our knowledge so far, a citizens arrest by the other party involved who is a family member. Please clarify if a citizens arrest must be regarding a felony. Otherwise it is my understanding that it is not valid. The second item is that this ''battery'' was recorded on a security camera tape. The other party does not know that and this tape clearly shows my boyfriend did not start the fight, the other person did. Does he plead not guilty and show the tape to the judge? Any advice would be most appreciated. Thank you.


Asked on 8/25/04, 3:37 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Misdemeanor Battery

Make a copy of the tape and store the original in a safe place. Then have your lawyer review the tape with the assistant district attorney handling the case, if (and only if) charges are filed. Sometimes the DA does not file charges based on citizens arrests. Do not attempt to deal with the DA's office by yourself.

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Answered on 8/25/04, 4:48 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Misdemeanor Battery

The first court appearance is for the arraignment. He will be informed of the charges against him. If the da has not filed a complaint many courts have a no complaint calendar. He will be ordered to return at a future date for his arraignment.

1. He should not discuss this case with anyone, expecially the police.

2. He should conduct an attorney and review the facts of his case, including the tape of the incident.

3. Stay away from the other party in the incident.

A citizen's arrest for a misdemenor is just as valid as a citizen's arrest for a felony.

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Answered on 8/26/04, 12:57 am


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