Legal Question in Criminal Law in California
I was renting a room from a guy we will call him guy A. He became harassing verbally, threatened the safety of my dogs, got in my face yelling and another time got in my face and raised his hand. I called the police on three occasions because of him putting a lock box on the heater with it off (it was the end of winter) turning the outside lights off when he knew I returned at night, then taking the light bulbs out so I could not turn the lights on at all. I was finally able to get enough money to move and was in the process of packing up my stuff one night when he came out of his room charging me and yelling that I could not do that at that time it was 1am and the only time I know he would not be out to harrass me - or so I thought. I told him I was sorry, but with my work and school schedule it was the only time I had he then took a seat on a bar stool in front of me and told me he was going to just keep me company then. I turned away from him and as I did I saw his hand raise up and I reacted and reached into my pocket where I started to carry pepper spray. I spayed him and another roomate who had only been there a little over a week called 911 because guy A was yelling for him to. Guy B the other roomate was in his room with the door closed and did not witness the incident. I was arrested and am now being charged with misdemeanor possession of tear gas and batttery. We are now going to trial and I have a public defender. Guy B showed up with Guy A and the DA decided the day of court to use him as a witness. This whole thing seems like it is going to be a mess. The judge already seem like he is irritated with both of the lawyers. It is being continued till next week. My question is: Can I ask the judge any questions? Also is there any way at any time he can dismiss the case? What would need to happen for that to be able to? I have no record, and am in the medical field and this is affecting me with finding future employment and I have had to put school on hold as well - furthering my education in the medical field. Please help.
1 Answer from Attorneys
No you can't ask the judge any questions. You need to work thru the attorney you have or get another one. Cases hardly just get dismissed.
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