Legal Question in Criminal Law in California

Case involving my girlfriend charged with 245(a)1. Incident occurred at my parents house they want to press charges,I Will not. The underlining cause of the event was drug induced psychosis and paranoia. She's remained in custody since 6/20 til present her next court date is July 7th. My question is If my parents drop the charges what happens to her case. This is her first ever run in with law enforcement. Can we write a dismissal letter r something of the sort?


Asked on 6/27/14, 5:37 pm

4 Answers from Attorneys

Steven Mandell Law Offices of Steven R. Mandell

The answer to this question is that it is POSSIBLE, depending on many unknowns, to prevent the prosecutor from convicting your parents of the charges. It would require their complete cooperation, and you say they want to press charges, so that may be a big problem. It is very complex and not explainable in an email, but if you'd like to talk to me about this, I would happy to speak to you about it. Don't hesitate to call me if you'd like to discuss it. Good luck. Steve Mandell 310 393 0639.

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Answered on 6/27/14, 5:48 pm
Joe Dane Law Office of Joe Dane

Aside from the sales pitches you've gotten...

It's not up to an individual to "press" or "drop" charges. That is exclusively the prosecutor's decision. Having said that, they may listen to their wishes. I would suggest you have them contact her attorney to see how they can best assist.

Good luck.

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Answered on 6/27/14, 6:38 pm
David M. Wallin Law Offices OF David M. Wallin

It's good that your parents want to drop charges but the DA's office will still go forward with the charges. You need a good law firm who is knowledgeable of mental illness as it relates to criminal charges. As a Former Deputy District Attorney, our firm includes a lawyer who is, himself, a conservator of a relative with mental issues, so we are very aware of how to maneuver the criminal waters. I wish you well.........David Wallin

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Answered on 6/27/14, 11:10 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Dane and Mr. Wallin. Once the prosecutor has filed charges, it is up to the prosecutor whether or not to continue the case or request a dismissal. It is out of your parents hands at this point.

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Answered on 6/28/14, 11:38 am


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