Legal Question in Criminal Law in California

Hi, I live in Los angeles and have had an ongoing neighbor dispute. I have 2 separate police reports one for a battery and one for vandalism. I have security video evidence of her physically pushing me and also of her trying to destroy my security cameras to which she was successful in my having to replace 3 of them. I have numerous videos of her what I can only describe as harassment. She has deliberately banged on and what I can only describe as drilling on our adjoining wall in the same spot for weeks on end which I have recorded (audio only) with whatever device I have had handy at the time it occurs.

We live in a quadplex and the front yard is community property and one day when my daughter and niece were playing in the front yard my neighbor came home and got fertilizer (manure) which she then proceeded to distribute in handfuls all around them almost hitting them with it. I have security footage of that incident also.

I have called the police numerous times however I have 2 reports which were filed by me and 3 business cards given to me by the responding officers. Unfortunately she conveniently leaves just prior to them arriving and nothing is ever done. After about and month and 1/2 of her constant harassment and the police unable to make contact I was left with no resolution and it was apparent she just wasn't going to stop. It Finally it got so bad that when she vandalized my cameras for the last time I called thew police and then parked my car in front of hers which was in her assigned spot so that she couldn't leave before the police got there because I wanted the harassment to stop. I realize that I wasn't supposed to do this and of course she through a major fit which was recorded by another neighbor. When the police did show up I was the one that they warned because I blocked her from being able to leave. I realize that I probably shouldn't have done that but i didn't know what else to do things and were getting so bad. I moved my car as soon as they told me too. They spoke with both of us and warned us to have no contact. A couple weeks later when I got a call from the detective handling the case I said that she hadn't done anything major since they had been there and if things stayed that way I would let it go. He said he was going to call her and reiterate that she was to stay away from me. I said thank you and thought that was the end of it.

A month later I received a letter from the Los Angeles City Attorney's office informing me that I was being charged with battery and HAD to appear for a hearing in there office. I immediately called the detective and asking why I was being charged and she wasn't. He explained that this was more of a hearing to decide if charges against me should be pursued after it submitted by them for review. I asked why she wasn't charged and he couldn't really give me an answer and it was the city attorney who made the decision. I was never given the opportunity fro show this detective my evidence before the report was submitted. I told the detective I wanted to pursue both criminal and civil cases against her and he told that criminal charges were not up to me. I then asked if after reviewing all the evidence at the hearing can they file charges against her? I have overwhelming evidence of the things she has done and the damage she has caused. I have evidence of the extenuating circumstances that brought me to feel I had no other choice but block her car until the police got there. The detective couldn't really answer that question either and I haven't been able to get an answer. So my question is can my neighbor be brought up on charges at the hearing even though the complaint as it stand is only for me? With all the evidence pictures, surveillance and audio recording i have I don't see how they wouldn't file charges.

Thank you


Asked on 9/15/14, 2:27 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You need an attorney. You need to hire an attorney to defend you from criminal charges, and you need an attorney before you ever speak to the police. Most attorneys would advise you to keep silent and not speak to the police.

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Answered on 9/15/14, 8:15 am


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