Legal Question in Civil Litigation in California
This weekend my girlfriend and i had 3 drinks a piece we got into a heated argument during the argument my girlfriend put a big hole in sheet-rock wall tripping over our vacuum around midnight , the sjpd was called they asked us questions even though our statements match i was arrested charged with a misdemeanor domestic violence, i have no priors and have never been to jail.... the police are trying to make me out to be a monster and that im out of control the police also i assume hit my girlfriend because of the hole in the wall, i was bailed out later that afternoon
The DA will review my case and i now have 45 days to prepare for my court date. I would like to know how do i get a copy of the police report and what kind of step i can make to show the court that other then being in my home drinking and arguing i am Innocent of domestic violence ..what would the court want to see to give me a lesser sentence if not sentence me at all??
1 Answer from Attorneys
You should post this under criminal law. Get a statement under penalty of perjury from your girlfriend and perhap one yourself as to the exact facts and that she fell without you pushing her or threatening her in any fashion and give that to the D.A. I suspect thte police would not have arrested you unless she said you had casued her to hit the wall or implied it. Without an witness saying that you caused her injury, ther is no case. There also appears to e no complaining witness. But you need to speak to a criminal defense attorney to see what to do, as any conviction will be very damaging to you. You should also check into going to AA as three drinks is a bit much, even when home; going to AA will please the judge, even though it might imply you know you have an alcohol problem, wilch may be true.
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