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?
1 Answer from Attorneys
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.