Legal Question in Criminal Law in California
I was returning to my mother house in San Bruno in the rental truck, because we were moving into a house in Rio Vista I found for my family. While I was loading the truck my girlfriend Sarah came down stairs asking me if I would take her to a friend of hers so she could buy some Crank. I responded, �NO!� She then started to black male me and making threats that she would call the cops and tell them I hit her or even rapped her. I said, �What-ever Sarah.� I then went back and started to load the truck, loading the big items in. Sarah was pissed off, so she started to throw her stuff on. I told her not yet, because it�s going to unbalance the load, so I put them to the side of the truck. Sarah pulled her stuff in anger and said� No, you load my stuff first!� I then took her suit case full of clothes and threw it off the truck. Sarah then went out of control and grabbed a can of paint thinner and threw it at me. I ducked out of the way and it landed in the truck all over my mother furniture. I then jumped down from the truck and got into her face noise to noise telling her that she need to grow up and stop acting like a stupid bitch! Now Sarah wears glasses which she is always Tweaking on. She uses other parts from other glasses to make them fit. She also uses hot glue too fasten the lenses in place. Then one of her lenses came out of her glasses and she threw them off her face and told me I was going to jail. I said, �You�re fucking crazy�! Sarah walked up stairs were my mother was standing, holding are son who was 4 months then, listening to everything. Sarah said,� your son is going to jail�. She then called 911. When the police arrived then came in my office room then asked me what happened. I told them the same as I�m telling you. So they asked Sarah statement and Police said that she said I jumped down from the truck and pushed her in the face and knocked off her glasses. BULLSHIT! She even told police I said I was going to kill her and are son. THAT�S EVEN MORE BULLSHIT! The San Bruno Police Department arrested me and took me down to the station. While I was in a cell the arresting officer came and told me Sarah is beening arrested for a warrant she had. It was in violation from a car she stoled from some dude she knew and shoplifting. They put Sarah in the cell next to me while she calmed down. She cried too me tell me she loved me and she didn�t mean for this all to happen. SHE EVEN TOLD THE ARRESTING OFFICER THAT SHE MADE THIS ALL UP. THAT SHE LIED! The officer said he would make that a note in the report, which he never did! They took us both down to Redwood City Jail in the same police car. I was released on O.R. and Sarah got sentenced to 45 days in jail were she still is in custody now. I then go to court that morning not to mention a very busy day at work I had to take off. My mother had to do all my work. I don�t trust to many people to watch my son, so I had to take him with me.
I go into court and the D.A. already had a warrant for my arrest! I was stunned! They arrested me for violation of a retraining order I had from a prior same offense. The first offense was BULLSHIT too, but I took the peed bargain and did 16 weeks of anger management, which I completed. Any way�s that�s not the case now. My mother bailed me out.
The summary of all this is because I wouldn�t take her too her friends house, the D.A is trying too charge me with Domestic Violence. Here I am now moved in Rio Vista, taking care of are 6 month old son, working full time, paying all bills and food, suppose too get married this year to Sarah.
Proof of that I pushed her in the face: NO
Any scratches or black eyes too her: NO
Did police state Sarah said she lied: NO
August 24, 2009 I get to work and Sarah wrote me a letter which in writing says she lied about this whole deal. It wasted a lot of time and money for me. The worst of this whole situation is how embarrassing it is!
2 Answers from Attorneys
Quite a story. Based on what you said, you should not plead guilty to anything, but fight this. Is that what you want? I assume you wrote us this report for a reason. If you want to learn about false domestic violence complaints and similar cases, you can see articles on my web site here:
http://lawyer-domestic-violence.com/domestic_violence.htm
and here:
http://lawyer-domestic-violence.com/results.htm
Please give a call if you wish a free consultation and to explore whether you wish a private attorney for your defense. You likely do not qualify for the Public Defender. Your case sounds winable.
ATTENTION CRIMINAL DEFENDANTS: THIS IS AN EXAMPLE OF STUFF YOU SHOULD NOT POST ON THE INTERNET.
You didn't ask a question, so I don't have an answer, but here is some legal advice:
Don't post so many personal details about a criminal case on LawGuru.com. The prosecution, probation department, and anyone else can read what you wrote.
This sort of rant should be reserved for your priest, AA sponsor or psychotherapist... and even they may report it to the police if they think you are a danger to yourself or others.