Legal Question in Criminal Law in California

I am the victim ...Why did i go to jail ?

Me and my boyfriend got into an argument and I left the house and he thought I was going to see a guy...and got mad

And left too.

When I reached home he was there and I called him a name and he grabbed me by my hair and coat and shoved me into the bakers rack, then pushed me everywhere into walls...I lost control and fell and he started choking me

I grabbed his face real hard and he let go�.then I jumped into the bed and he went after me and started choking me again and I felt like I was going to gag and grabbed his face again kicking at him too.

Then he went to pack his clothes and I called 911 and he grabbed the phone and thew it when I talking to the operator

He then started breaking my things around the house�...and took some of his clothes to his truck�..came back and I threw some of his clothes out and he pushed me and grabbed my hair that�s when the police was at my apartment

Separated us asking question to me about some shoe...I told them what happen but they said his marks were worse than mine and arrested me�..they told him as they took me away�.you�re in the navy and have a clean record don�t mess up your career over her�.

my bail was 25,000 I bailed out and need an attorney badly


Asked on 11/30/02, 4:15 pm

6 Answers from Attorneys

Steven Mandell Law Offices of Steven R. Mandell

Re: I am the victim ...Why did i go to jail ?

You should definitely have a consultation with an attorney in your area. You don't specify where you live, but there is surely a bar association in your city or a major city near you, and they often have referral services that can put you in touch with a criminal lawyer. Most criminal lawyers give free consultations. If your matter is in LA, don't hesitate to call for a free consultation. Steve Mandell Attorney at Law 310 393 0639

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Answered on 11/30/02, 9:27 pm
David Diamond Diamond & Associates

Re: I am the victim ...Why did i go to jail ?

We have over 23 years of expeirence with domestic violence cases and would be happy to assist you in this matter. Please giv eour office a call immediately at 1-866-You-Are-Innocent in order to set up a free consultation.

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Answered on 12/02/02, 11:43 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: I am the victim ...Why did i go to jail ?

The police have a lot of discretion as to whom to arrest. Obviously here they had a lot of discrimination (in that they were unjustly favorable to the clean-cut navy guy). Domestic violence court is a very serious matter but I can help you through the process whether you'd like to prove your innocence or explore other options. Please call me directly at (619) 222-3504 -14 yrs experience.

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Answered on 12/01/02, 9:55 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: I am the victim ...Why did i go to jail ?

Thanks for your inquiry, and I am sorry to hear about your unfortunate incident.

You have a pending criminal case against you, so the best advice I can give you is to get a lawyer. From this stage on, the police are no longer involved, except at a preliminary hearing or in court as witnesses, so you will need to present your evidence and defenses to the prosecutor, i.e., the district attorney or city attorney pressing charges.

Normally, in "mutual combat" situations like what you've described, the police arrest both parties, and sort out what happened later. Unfortunately, they only arrested you, and you are going to need to have someone present your self defense and other defense arguments before the prosecutors.

Since 1995, with the "People v. OJ Simpson" case, domestic violence is something that is taken much more seriously, and has become a "hot topic" with prosecutors. The normal tactic here is for them to file charges first, ask questions later.

If you would like more information, have other questions, or would like someone to fight for you on your behalf, please feel free to email me directly, at [email protected]. Best of luck to you.

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Answered on 12/01/02, 3:18 pm
Terry A. Nelson Nelson & Lawless

Re: I am the victim ...Why did i go to jail ?

You went to jail because of the boyfriend's story and the decision of the police. You are correct that you need competent counsel to defend yourself. Contact me if interested in discussing the facts and defenses available to you, and the costs of defense.

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Answered on 12/01/02, 7:25 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: I am the victim ...Why did i go to jail ?

It sounds as though you acted in self-defense. Feel free to call my cell phone if you'd like to discuss your case.

-Ben (949)278-5220

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Answered on 11/30/02, 4:20 pm


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