Legal Question in Criminal Law in California

how do i start to state california false arrest for domestic violence felony charge when I was the victim and called 911?


Asked on 7/12/10, 1:16 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If you are of the politically incorrect gender (I am assuming you are male), you might well have trouble being believed as a domestic violence victim. I sympathize with you and I can only hope that you are able to retain a good lawyer who will fight the case for you. Do not plead guilty to something you did not do, no matter what. A guilty plea will haunt you all your days, especially if you have children or you ever plan to have children. Maybe a local domestic violence hotline can suggest resources. Both the police and domestic violence support organizations are supposed to help self-identified victims of both genders, although your experience with the police speaks for itself. One thing a support organization should do for you is help you find the strength to leave her.

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Answered on 7/12/10, 6:21 pm
Brian McGinity McGinity Law Office

It is hard to tell from your question but it sounds like you called the Police regarding a domestic violence incident and when they arrived either you were also arrested and charged with a crime or the Police believed the other party and they were not arrested and you were. This is a very common and it is extremely horrible situation to have deal with. I very strongly suggest you start looking for an attorney. I agree with Mr. Stone in that pleading guilty to something you did not do is simply wrong. You will need an attorney. If you can not afford one the court will appoint a public defender for you. Since I am sure you have already spoken to the Police I would also suggest you talk to no one else about the matter until you have spoken to your attorney. If the Police question you do not speak to them without your attorney present. It does not matter what they tell you or promise you about just wanting to clear up this misunderstanding. Their way of clearing it up will be to use anything you tell them against you.

Good luck,

Brian McGinity

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Answered on 7/12/10, 6:46 pm


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