Legal Question in Criminal Law in California

Summary of events leading up to arrest and a night stay in jail.

Thursday night (Aug 24 2012) my wife was angry at me,� when I entered the bedroom (from attached bathroom) she was emptying the clothing from my dresser draw into a basket and demanded that I leave the house. I stepped in front of the dresser drawer to close it, preventing her from emptying additional clothing. My place of employment, �company property� computer (inside a backpack) was on the bed, realizing this, she jumped on the bed to retrieve it. When she got it she climbed off the bed onto the floor and proceeded to leave the bedroom with computer inside the backpack. I felt she would either destroy or hide the computer which I needed the next day for work. I grasped the backpack�s shoulderstrap with my left hand and held on to her left wrist with my right hand and for a couple of seconds attempted to separate her from the backpack. I could not retrieve backpack from her grasp so with the other hand I grasped the other (backpack) shoulderstrap and sat in a chair. For a minute or so we both were in a tug-o-war scenario with backpack: me sitting in a chair - her standing and using her weight pulling backpack. After realized she would not be able to take full possession of the backpack she released it and then claimed that I physically assaulted her when I held her wrist to separate her from the back pack,�so she called the Police.

My wife and I told our story version to two Police Officers. Both Officers discussed options to me, options were to place me unde arrest, or to not put me under arrest if I would leave the house (her original demand). I agreed and gathered some things (including backpack with computer) and proceeded to leave the house. As I was exiting the front door my wife insisted that I be put under arrest, so the Police cuffed and loaded me into back seat of Police car.

Approximately 45 minutes I saw the arrest summary report on the monitor inside police car. Summary complaint from my wife indicated that I twisted her wrist inflicting pain.

I spent that night in jail and was released on bail the following afternon

Bail Receipt indicates I need to appear at �Court: Central Div. DV Arraignment / San Diego CA� Oct 5

Will you tell me what will happen on that date?

Will you tell me why I should or should not retain a lawyer.

Thanks


Asked on 8/28/12, 7:28 pm

2 Answers from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

On your court date you will be arraigned. You will get a copy of the charges. You will plead "not guilty." You will either waive time or refuse to waive time. This will be decided in a conversation between you and your lawyer. The court will probably issue a restraining order preventing you from coming within "X" number of yards of your wife and your house. Future dates will be set.

You certainly ought to retain a lawyer. You are facing significant charges with significant penalties. You need a criminal defense attorney with experience in domestic violence to help you navigate your way though a very complicated law and court procedure. The attorney will help you determine what defenses are available and the best way to fight the charges. The mere fact that you have to ask what will happen is more than sufficient proof that you need a lawyer/

Read more
Answered on 8/28/12, 9:35 pm
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

yes you should either hire an attorney or go with the Public Defender if you can qualify for that option and you are happy with that option. If the latter, you will apply that day, Oct 5 in the courtroom. Good luck!

Read more
Answered on 8/28/12, 9:41 pm


Related Questions & Answers

More Criminal Law questions and answers in California