Legal Question in Criminal Law in California

My step father recently attacked me. I am a disabled person with a head injury:PCS.

He grabbed my head and clawed my face which re-injured my head and caused new

neck and shoulder pain. I filed a police report but did not press charges because of

what my mother did. She said when I press charges, they will press charges and lie

saying I hit him instead. 3 months later my step father admitted the truth to my lawyer

handling my PCS lawsuit, but during that time my mother harassed me:

1. She said she had a witness that I attacked him... a neighbors handyman. She said

he saw my step dad's face clawed and bloody.

2. She wrote emails to my doctors and lawyer saying awful things and defamed my

character. One doctor is now rude to me and my lawyer passed my case to someone

else. (She later apologized to them for lying).

3. She faked emails from me, forged my name to them, and then sent them to family,

friends and professionals. One family member responded to me with harmful emails.

4. She has since deleted her AOL email account to hide the evidence of fake emails.

5. She said that I attacked my father in front of maintenance people that were in my

apartment when she was visiting. Her email said he had bloody claw marks.

6. She lied to my bank about me, saying I was an insufficient payer on a car loan

my family cosigned for.

7. She saw 4 therapists in 2 weeks and lied to them insinuating I attacked my step

father.

8. She had my step father lie to his company employees, saying I did something to him.

I used to work for this company and am an x employee.

9. She threatened to take away all support they are giving me while I am bed ridden.

Since their apologies, they have still tried to defame my character by not telling the

employees and other people they lied to the truth. They have been trying to gather

"dirt" on me for his defense by contacting my friends and therapists, saying I have

stolen from people and my clients. They have claimed my head injury means I am

"crazy", rather then saying I have PCS (Post Concussion Syndrome) which is harming

my lawsuit. My mother has written me harassing emails, lying, and breaking her verbal agreements with me, saying she never said things and thus I am being denied help for

my lawsuit unless I "behave" and do as she says, and/or don't press charges. She is

saying I am getting drunk, although I have twenty years sober in AA. She is forging

my signature to fake letters saying I made agreements from years ago based on tax

stuff.

There is more, but right now I want to know my legal rights. Is it ok for me to contact

my mother's associates and mine and tell them the truth: that my step father attacked

me and I never harmed him? I want to clear my name, but will this affect my lawsuit

against my step fathers attack?

Do I press charges against my mother for forgery, harassment and defamation of

character? How do I hold her to her verbal agreements to help me financially with

my lawsuit? How do I clear my good name? How do I stop her from lying and

contacting people with fake emails and phone calls? How do I stop her from

saying I stole from my clients?

I think she has done all this to lessen my step father's jail time once we go to court

or to stop me from pressing charges with the Detective all together... Was saying

they will lie and say I attacked him instead when I press charges considered blackmail?

I think my mother has a drinking problem and I have wanted her to get help. I sent

my parents an email suggesting they go to AA. My mother altered this email, changed

my words and sent it to people.

I have not pressed charges yet. I am concerned about their reaction, as I think they

are planning to tell the police and DA that I am wrongful. Is it best to let the police know

that I suspect they are trying to get revenge and harm me back?


Asked on 8/31/10, 7:26 pm

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

You cannot "press charges." The District Attorney may consider your wishes, but ultimately decides whether or not to file a criminal case.

If you are disabled and the DA thought you were being abused, they might very well file charges to protect you.

If you already have an attorney in your related lawsuit, ask him or her for advice, not a stranger on the Internet who doesn't know all the facts.

Read more
Answered on 9/05/10, 8:30 pm


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