Legal Question in Criminal Law in California

Re: Help- Verbal arguement that has been settled, Now DA files charges?

Settling the restraining order case does not bar a criminal prosecution. The D.A. is unlikely to drop the charges merely because of the settlement. Whether the charges have merit will depend upon what you said and under what circumstances.

A "better plan of attack" is to get a lawyer who can properly defend you.

Good luck.

Re: Help- Verbal arguement that has been settled, Now DA files charges?

Unfortunately, even though the alleged "victim" has agreed to drop the restraining order doesn't preclude the DA from filing criminal charges. They can (and often do) file charges, even over the wishes of the victim.

It sounds like you're wanting to negotiate directly with the DA. Not a great plan. I know that often, the DA is less willing to engage in negotiations with a defendant if they represent themselves. They will often make a plea deal, but involves you pleading guilty to a charge or charges.

You've got a lot to work with, but you probably want to seek representation to try and make this go away.

Re: Help- Verbal arguement that has been settled, Now DA files charges?

Well, you can 'hope' for 'change' like a lot of voters last November. Or, you can hire an attorney to defend you in the criminal charges you face. The DA didn't file those charges without thinking he could get a conviction, that is his job. Your evidence and facts would be used to try to get the charges dropped, or used in a plea bargain being worked out. Feel free to contact me if serious about doing so.

Re: Help- Verbal arguement that has been settled, Now DA files charges?

While it is certainly possible, your case will not necessarily be dismissed just because you and the other person worked things out. The DA does not represent the other person but "the people" and is entrusted with prosecuting offenses against the community. Once a threat was made, such an offense had been committed.

That said, the other person's current view of the conflict will matter and can be used in your favor by an effective lawyer to negotiate a complete dismissal or some other result. That said, you do have a criminal case on your hands and you should fight it accordingly - by getting a good lawyer.

Feel free to contact my office for a free consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com