Legal Question in Criminal Law in California

Battery: want DA to drop case- BEFORE TRIAL

I am the 'vicitim'- I filed the report at the time of the incident- which was very minor.. and now wish I hadn't. Charges (Battery) are against my bf of a year. I already signed a form to drop them but the DA picked up the case.

I spoke to a woman who told me to go to the clerks office early tomorrow and ask to see the judge together.. Is the good advice?

PLEASE: any tips, advice on getting this whole thing dropped???


Asked on 4/29/09, 12:57 am

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Battery: want DA to drop case- BEFORE TRIAL

It's terrible advice. The judge will not speak with you privately. Whoever suggested this to you had no idea what she was talking about.

Even if the judge would agree to meet with you, she has no authority to dismiss the case. Whether to proceed is the D.A.'s decision, not yours and not the judge's.

As Mr. Mandell suggested, a lawyer working for you might be able to help get the charges dismissed. I don't know how likely that is. But if you try this on your own, you are more likely to make things worse -- for yourself as well as for your boyfriend -- than better.

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Answered on 4/29/09, 3:32 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Battery: want DA to drop case- BEFORE TRIAL

What woman is this you are getting your advice from? And does your BF have a lawyer? Any lawyer would advise him not to speak directly to the judge or DA.

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Answered on 4/29/09, 1:14 am
Steven Mandell Law Offices of Steven R. Mandell

Re: Battery: want DA to drop case- BEFORE TRIAL

There may be several tactics and strategies that you can use to successfully refuse to testify against your boyfriend and the case may be dismissed because the DA doesn't have any other evidence against your boyfriend other than your testimony. This is what you want, right? The problem with what I'm suggesting is that it takes very sophisticated legal tactics which can only be orchestrated by an experience criminal lawyer working for you. I'd be happy to discuss what I can do for you. Please don't hesitate to email me if you'd like to talk to me about these things I'm suggesting. Steven Mandell in Santa Monica. My email address is below. Good luck.

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Answered on 4/29/09, 2:05 am


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