Legal Question in Criminal Law in California

Wife, 5150 and DV charges?

My wife was raped and the police were useless and the DA dropped the case. A few days ago it came up and things I said came across wrong and I came across as basically saying it was her fault.

We had a huge argument, and my wife hit me. I was angry and started yelling, I pushed her, she fell, and I started to corner her. She picked up a hammer that was near her and she raised it over her shoulder which made be back off. After I stepped back she dropped the hammer and went to the kitchen and threatened to slit her wrists. I said I would call the ambulance if she didnt stop, and she said go ahead. I hesitated until I saw her get a knife begin to cut herself. So I called 911. The cops came and they seemed more interested in my injuries than helping my wife. Next thing I know, my wife is hauled off under 5150, and the cops left with the knife, hammer, and her watch.

This morning I went to the police station and they said it was all going to the DA. I left my number for the officer to call me but he never did. We are thinking they may press charges against my wife...probably for assualt with the hammer? She needs help, not prison.

What do you think?

What should my next move be to help save my wife and family?


Asked on 7/03/08, 12:05 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Wife, 5150 and DV charges?

I think both you and your wife could be charged. You cannot use the same attorney your wife uses. Neither you nor your wife should say anything further to the police without an attorney being present. Your next move should be to hire an attorney for you and for your wife. If you cannot afford 2 attorneys, one will be appointed for your wife by the Court.

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Answered on 7/03/08, 1:45 pm


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