Legal Question in Criminal Law in California

About a year ago I was involved in an altercation with a friend and his girlfriend. He and his girlfriend were out drinking where he then later started hitting her. She called for my help. I ran over and pulled him off of her. He then grabbed and started twisting my lip in an extremely violent manner. I then struck him to pull him off which ended in a minor scuffle between he and I. After the altercation I had him pinned down to calm him and after the girl saw what had happened to him without looking at my injuries punched me in the head twice. They left the scene of the crime. I went home. She freaked out and took him to the police station just a couple blocks away (mind you they were drunk). Now I am facing assault and battery charges. What are my rights?


Asked on 8/14/10, 9:38 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

1. You have the right to plead guilty and mess up your life even more than it already is. 2. You also have the right to retain a lawyer to fight the case. 3. If you don't want to retain a lawyer, you have the right to be represented by the public defender who wears a suit and a necktie just like a lawyer that you pay for, and who will be pleased to stand next to you wearing said suit and necktie while you plead guilty (see #1).

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Answered on 8/19/10, 9:45 pm
Anthony Roach Law Office of Anthony A. Roach

You have the right to an attorney. You have the right to a trial by jury of your peers. You have a right to confront your accuser, and cross examine witnesses testifying against you. You have the right to remain silent, and not incriminate yourself. You have the right to a court appointed attorney if you cannot afford one. You have the right to not be subjected to excessive bail, or fines, or subject to cruel and unusual punishment.

You have the right to have the charges read to you at the arraignment. You have the right to waive certain rights, after making a knowing and intelligent waiver.

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Answered on 8/20/10, 12:17 pm
Terry A. Nelson Nelson & Lawless

Rights? To defend the charges with whatever credible and admissible evidence you have. If you don't know how to effectively do so against a professional prosecutor seeking to convict you, hire an attorney that does. Exercise your 5th Amendment right to SHUT UP and speak about this to no one but your attorney.

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Answered on 8/20/10, 3:54 pm


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