Legal Question in Criminal Law in California

Hi there, here is my situation..

I am a college student. 5 weeks ago I was extremely intoxicated and was walking in the middle of the street with two friends. They informed me that was the quickist way to get arrested and literally two minutes later a cop drove by. Instinctively I ran for it. I eventually got away, but after meeting back up with my friends and crossing under a bridge the officer was waiting for me at the end. He simply asked 'are you going to run from me again.' Stupidly I replied and said 'yes' and made a break for it. I got about 5 feet before he tackled me. Up until then I remember very little of the night, and being tackled brought me somewhat back to reality. Immediatly upon being tackled I said 'I give up' and went limp. Following this I was extremely cooperative. They took me down to the station and asked me a little about my night, took my fingerprints, etc (took about an hour). They took a statement from the two girls I was with who both gave very favorable statements. I have absolutely nothing on my record, and was told that night it I would be recieving a 'slap on the wrist'. This took place on a friday night. I went down to the station the following Monday to basically apologize to the officer and what not. The talk went well and he told me I showed a good sense of character and what kind of kid I was upon finishing. I never recieved anything in the mail although the officer told me I would hear back relatively quick. I called the officer and never got a response. I then emailed him and he told me I was being charged with 243(b) PC � Battery and 148(a)(1) PC � Resisting.. At this point I am looking for the best advice I can get for my future court date. Frankly I am somewhat confused about the battery charge. I believe the officer may have suffered about an inch long scratch on his hand when he tackled me, but I was never informed of this charge the night of or when I met with the officer the next day (i was under the impression i was being charged with a drunk in public/resisting) * I blew a .21 when they brethalyzed me as well.


Asked on 5/30/12, 11:32 am

3 Answers from Attorneys
BARRY BESSER LAW OFFICES OF BARRY I. BESSER

Unless you actually fought back, I don't see the battery charge sticking, if in fact, that is what you are being charged with. I would have to actually see the report to see what the officer is saying. The fact that you were at a .21 would indicate that something may have happened that you don't recall. You should definitely have a lawyer.

BARRY BESSER

www.besserlaw.com

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Answered on 5/30/12, 11:38 am
Terry A. Nelson Nelson & Lawless

Your 'intoxicated condition' and remembering 'very little of the night' easily explains your 'confusion' about the charges. There is no surprise or confusion about the charges. They are what normally would be filed for such behavior. Whether they can convict you on all of them is a different issue.

You'll get your answers about what and why they did this, but only when your attorney gets the discovery files in court at your arraignment. Once you have all the pleadings and police reports, then your attorney can determine if there are grounds for evidence suppression or other motions, or defenses to use in the case. Without knowing all those factors, any opinion would be worthless speculation.

'looking for the best advice'?

No amount of free 'tips and hints' from here or elsewhere are going to effectively help you in your 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, program, or other decent outcome through 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, using whatever defenses there may be.

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Answered on 5/30/12, 1:09 pm
Steven Mandell Law Offices of Steven R. Mandell

I agree with Barry and Terry. From your zip code, it looks like you are at UCLA. If you want a local lawyer, don't hesitate to call me for a free consultation. I've been practicing criminal law in Los Angeles for 40 years. Good luck. Steve Mandell 310 393 0639

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Answered on 5/30/12, 1:47 pm


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